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An Act relative to the Energy Facilities Siting Board
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S2142
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SD1011
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:45:38.687'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:45:38.6866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2142/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2142) of Jason M. Lewis for legislation to further regulate the Energy Facilities Siting Board within the Department of Public Utilities. Telecommunications, Utilities and Energy.
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Section 69H of Chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
“There is hereby established an energy facilities siting board within the department, but not under the supervision or control of the department. Said board shall implement the provisions contained in sections 69H to 69Q, inclusive, so as to provide a reliable energy supply for the commonwealth with a minimum impact on the environment and public health, and with a minimum impact on the overall wellbeing of residents abutting the project at the lowest possible cost after these impacts are considered. To accomplish this, the board shall review the environmental and public health impacts, the need for and the cost of transmission lines, natural gas pipelines, facilities for the manufacture and storage of gas, and oil facilities; provided, however, that the board shall review only the environmental impacts of generating facilities, consistent with the commonwealth's policy of allowing market forces to determine the need for and cost of such facilities; provided, however that the Board shall solicit and consider testimony from the department of fish and game whenever reasonable environmental stewardship concerns are raised; provided, however, that the Board shall solicit and consider testimony from the department of public health whenever reasonable public health concerns are raised. Such reviews shall be conducted consistent with section 69J1/4 for generating facilities and with section 69J for all other facilities.
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An Act relative to reasonable municipal expenses
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S2143
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SD1012
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:46:19.27'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:46:19.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2143/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2143) of Jason M. Lewis for legislation relative to reasonable municipal expenses. Telecommunications, Utilities and Energy.
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Section 69H of Chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following clause:-
“(5) the board shall consider the requests of municipalities for reimbursement of expenses spent in relation to the application and may assess fees on applicants for reasonable municipal expenses related to the application.”
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An Act relative to building energy and decarbonization
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S2144
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SD1889
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T14:20:59.983'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T14:20:59.9833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T08:54:11.4066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:51:14.4833333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2144) of Jason M. Lewis and James B. Eldridge for legislation relative to building energy and decarbonization. Telecommunications, Utilities and Energy.
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SECTION 1. Said Section 1 of chapter 23M is further amended by inserting the following definitions:-
“District heating and cooling system”, a local system consisting of a central generation source and network of pipes that use hot water, chilled water, or steam to provide space heating, cooling and/or hot water to multiple buildings.
“Energy storage system”, a commercially available technology that is capable of absorbing energy, storing it for a period of time and thereafter dispatching the energy; provided, however, that an energy storage system shall (1) use mechanical, chemical or thermal processes to store energy that was generated for use at a later time; (2) store thermal energy for direct heating or cooling use at a later time in a manner that avoids the need to use electricity at that later time; (3) use mechanical, chemical or thermal processes to store energy generated from renewable resources for use at a later time; or (4) use mechanical, chemical or thermal processes to capture or harness waste electricity and to store the waste electricity generated from mechanical processes for delivery at a later time.
“Microgrid”, a group of interconnected loads and distributed energy sources within clearly defined electrical boundaries that acts as a single controllable entity with respect to the grid and that connects and disconnects from such grid to enable it to operate in both grid connected and island mode.
SECTION 2. Subsection (c) of said section 21 of chapter 25 is hereby amended by inserting before the last sentence the following:-
The council shall not approve plans that it determines do not demonstrate alignment with Chapter 21N greenhouse gas emissions limits and sublimits during the three-year plan term.
SECTION 3. Section 22 of said chapter 25 of the General laws are hereby amended by striking out subsection (b) and inserting in place thereof the following:-
(b) The council shall, as part of the approval process by the department, seek to maximize net climate, environmental, equity, and economic benefits through energy efficiency, load management, and non-combustion renewable energy resources and to achieve energy, capacity, climate and environmental goals through a sustained and integrated statewide energy efficiency effort. The council shall review and approve demand resource program plans and budgets, work with program administrators in preparing energy resource assessments, determine the economic, system reliability, climate and air quality benefits of efficiency, non-combustion renewable energy, and load management resources, conduct and recommend relevant research, and recommend long term efficiency, renewable energy, and load management goals to achieve climate, environmental, and equity goals in a cost-effective manner. Approval of efficiency and demand resource plans and budgets shall require a two-thirds majority vote. Approval shall not be granted unless the council determines that program administrators have demonstrated the plan’s alignment with Chapter 21N greenhouse gas emissions limits and sublimits.
The council shall, as part of its review of plans, examine opportunities to offer joint programs providing similar efficiency measures that save more than 1 fuel resource or to coordinate programs targeted at saving more than one fuel resource. Any costs for joint programs shall be allocated equitably among the efficiency programs. The council shall establish annually increasing targets for serving populations traditionally underserved by the program including but not limited to moderate-income ratepayers, renter ratepayers, ratepayers whose primary language is not English, small business ratepayers and ratepayers in Environmental Justice communities.
SECTION 4. Section 2 of chapter 25a is amended by striking out the first sentence in the second paragraph and inserting in place thereof:-
There shall be within the department 4 divisions: (i) a division of energy efficiency, which shall work with the department of public utilities regarding energy efficiency programs; (ii) a division of renewable and alternative energy development, which shall oversee and coordinate activities that seek to maximize the installation of renewable and alternative energy generating sources that will provide benefits to ratepayers, advance the production and use of biofuels and other alternative fuels as the division may define by regulation, and administer the renewable portfolio standard and the alternative portfolio standard; (iii) a division of building energy and emissions reductions which shall oversee and coordinate activities that seek to maximize building sector decarbonization; and (iv) a division of green communities, which shall serve as the principal point of contact for municipalities and other governmental bodies concerning all matters under the jurisdiction of the department of energy resources.
SECTION 5. Section 6 of said chapter 25A is hereby amended by inserting after clause (14) the following:-
(15) Regulations adopted by this section shall be reviewed and updated in increments of not less than three years and in alignment with the same cycle as the International Energy Conservation Code; provided further that the department in consultation with the board of building regulations and standards shall hold hearings to review such updates including not less than 3 held in different counties of the commonwealth for each review or update cycle with appropriate and reasonable advance notice to said communities.
SECTION 6. Section 10 of said chapter 25A is hereby amended by striking subsection (b) in its entirety and inserting in place thereof the following new subsection:-
(b) The division shall establish a green communities program. The purpose of the program shall be to provide technical and financial assistance, in the form of grants and loans, to municipalities and other local governmental bodies that qualify as green communities and or green plus communities under this section. These loans and grants shall be used to finance all or a portion of the costs of studying, designing, constructing and implementing energy efficiency and climate change mitigation activities, including but not limited to, energy conservation and renewable energy measures and projects; procurement of energy management services; installation of energy management systems; adoption of demand side reduction initiatives; deployment of energy storage, microgrids, or district energy systems connected to renewable energy generation; purchase of zero-emissions vehicles; installation of electric vehicle charging equipment or infrastructure, or related technologies; coordination of residential or small business clean energy outreach, technical assistance, or financing programs; and the adoption of energy efficiency policies. They shall also be used to finance the siting and construction of renewable and alternative energy projects on municipally-owned land.
SECTION 7. Said section 10 of said chapter 25A is hereby further amended by inserting after subsection (c) the following new subsection:-
(c ½ ) To qualify as a green plus community, a municipality or other governmental body shall: (1) file an application with the division in a form and manner to be prescribed by the division; (2) establish a greenhouse gas emissions baseline inventory for residential, commercial and industrial buildings sited within the municipality, which may also include transportation, waste, and other sources of emissions within the municipality; (3) put in place a comprehensive plan whose implementation begins within 1 year from the date of initial participation in the program, designed to reduce the greenhouse gas emissions baseline inventory by a percentage approved by the division that is not less than 20 per cent within 5 years of initial participation in the program; (4) adopt the municipal opt-in specialized stretch energy code established in subsection 14 of Section 6 of chapter 25A; and (5) fulfill qualifications subsection 2 through 6 inclusive of the green community program as described in section (c) or be served by a municipal lighting plant.
Preference shall be given to those municipalities that include additional sources of emissions within their greenhouse gas emissions baseline inventory. Not later than one year after the adoption of this section, the division shall adopt a tracking system for community-wide greenhouse gas emissions, to include but not be limited to the building, transportation, energy, land use, and waste sectors, that can be used by municipalities. The secretary may waive these requirements based on a written finding that due to unusual circumstances, a municipality cannot reasonably meet all of the requirements and the municipality has committed to alternative measures that advance the purposes of the green plus communities program as effectively as adherence to the requirements.
SECTION 8. Said section 10 of said chapter 25A is hereby further amended in subsection (d) by striking the figure “20,000,000” and inserting in place thereof “40,000,000 with not less than $10,000,000 going to green plus communities”.
SECTION 9. Said chapter 25A is hereby amended by adding after Section 20 the following sections:-
Section 20. (a) For the purposes of this section the following words shall have the following meanings:-
“building emissions”, greenhouse gas emissions as expressed in metric tons of carbon dioxide equivalent emitted as a result of operating a covered building and calculated in accordance with rules promulgated by the department.
“building emissions intensity”, for a covered building, the number obtained by dividing the building emissions by the gross floor area for such building, expressed in metric tons of carbon dioxide equivalent per square foot per year.
(b) The purpose of the building energy and emissions reduction division shall be to establish and administer programs and regulations for assessing annual energy use in and emissions from buildings to further the goal of achieving emissions limits and sublimits established in Chapter 21N. The division shall collaborate with other department divisions, the department of housing and economic development, MassDevelopment, Massachusetts Clean Energy Center, the net zero energy building advisory council established in section 23 of this chapter and other relevant stakeholders on the development of programs and regulations, as appropriate. The division shall take all reasonable steps to inform the owners of buildings of their obligations under this section in advance including but not limited to materials developed for outreach and education made available on the division’s website. Said materials shall be available in English and in other languages commonly spoken in the commonwealth. Such outreach shall include a list of city, state, federal, private and utility incentive programs related to building energy reduction, renewable energy, or building retrofits for which buildings reasonably could be eligible.
(c) The division shall promulgate regulations establishing annual carbon intensity limits on building emissions or a building energy performance standard or a combination thereof for covered buildings in alignment with emissions limits and sublimits established in Chapter 21N. Covered buildings shall be established by the division and reflect a phased-in schedule that shall begin no later than January 1, 2026 beginning with large buildings no smaller than 20,000 square feet to be defined by the division and shall include all building types by 2028 and all buildings by 203 2. The division may include exemptions for small accessory buildings or structures with no or minimal space conditioning, to be defined in regulations. Phases may be defined by, but are not limited to being defined by, size and type, such as commercial and industrial properties, residential buildings, and other specialized typologies. The building performance limits shall be set for periods of not more than five years and emissions limits shall decrease over time at a pace to at least align with emissions limits and sublimits established in Chapter 21N.
(d) The division shall promulgate regulations for alternative methods of compliance with building emissions intensity limits, energy use performance standards or a combination thereof as established by the division including but not limited to adjustments for the use of on-site renewable energy generation, adjustments for special categories of buildings or for special use, accommodations or support for buildings housing low- or moderate-income occupants, and alternative compliance payments. Alternative compliance payments shall be established such that low- and moderate-income households and small businesses are charged reduced amounts proportionate with their ability to pay. The division shall also establish fines for noncompliance which shall be higher than alternative compliance payments. Both alternative compliance payments and fines shall be deposited into the building energy retrofit program trust fund established in section 20 of this chapter.
(e) The division shall create and manage an online portal for the submission of required data by building owners, including the building’s baseline emissions and energy use for year one of the program and annual reports on that data thereafter.
(f) The division shall establish an annual deadline for receiving reports from building owners and a deadline extension or hardship waiver process for owners who, in the judgment of the division, demonstrate cause for a deadline extension or hardship waiver.
(g) Except as otherwise provided in this statute or otherwise provided by regulation, after a building is deemed a covered building, it shall not exceed the annual building performance limits for such building as determined by the division.
(h) The division shall make building information and data available to the public on its website. For each building, the information made available shall include, but is not limited to, building identification information and building emissions and energy data.
The department shall utilize such practices as are necessary to prevent the public disclosure of personal information regarding owners and tenants, and maintain a quality assurance process to improve the accuracy and completeness of the available information. The department shall provide owners with the opportunity to submit contextual information related to data and shall disclose such information on its website upon request by the owner. The website shall be made available in English and multiple other languages commonly spoken in the commonwealth.
(i) The division shall prepare an annual report that shall be posted on the department’s website and filed with the house and senate committees on ways and means and the joint committee on telecommunications, utilities and energy not later than December 31. The report shall include, but is not limited to, analysis on implementation of, compliance with, and results from the program including progress towards emissions limits and sublimits established in Chapter 21N. The division shall make available to a regional planning agency, municipality or other public agency requesting such information any data set forth in this section, utilizing such practices as are necessary to prevent the public disclosure of personal information regarding owners and tenants.
(j) The division shall promulgate regulations governing the building performance program after holding not less than 3 hearings held in different counties of the commonwealth.
Section 21. (a) There shall be a grant and loan program within the division known as the Building Energy and Emissions Retrofit Funding Program, hereafter referred to as the program, for the purpose of encouraging and supporting building owners to invest in deep energy retrofits and whole-building energy performance upgrades to their properties that reduce greenhouse gas emissions, create healthier homes and buildings, and are in alignment with achieving the GWSA limits and sublimits established under Chapter 21N. Eligible projects for funding shall include pre-weatherization barrier mitigation, pre-electrification barrier mitigation, and renewable energy systems, if part of a more comprehensive deep energy retrofit or whole-building energy performance upgrade. Conversions from one fossil fuel system to another or additions of fossil fuel systems or infrastructure shall not be funded by these programs.
The division shall develop the program in consultation with the net zero energy building advisory council established in section 23 of this chapter, the Department of Housing and Community Development, the Department of Public Utilities, the Department of Environmental Protection, the Energy Efficiency Advisory Council, the Department of Public Health, and the Massachusetts Clean Energy Center. Nothing in this section guarantees an individual or corporation a right to the benefits provided in this section.
(b) The division shall design and implement the program, which shall include a certification process to certify qualified expenses for a grant or loan under this section. Applications for the program shall be reviewed and grants or loans shall be awarded on no less than an annual basis.
(c) The division shall, (i) promote awareness of the program, including through coordination with relevant trade groups, community-based organizations, nonprofits, municipalities, regional planning agencies, and by integration in economic development marketing campaigns; and (ii) adopt measurable goals, performance measures, and an audit strategy to assess the utilization and performance of the program.
(d) The division shall prioritize regionally diverse investments in (i) property that is located in an environmental justice community as defined in section 62 of chapter 30; (ii) property that is low- or moderate-income or rental housing; (iii) property owned by municipalities; and (iv) projects that improve public health outcomes.
(e) The incentives shall be funded, at least in part, by the building energy retrofit program trust fund established in section 20 of chapter 25A. To the extent possible, the program shall seek to leverage existing state and federal programs including. but not limited to, Massachusetts School Building Authority and the Massachusetts Public Library Construction Program.
(f) The division shall promulgate rules, regulations and guidelines for the administration and oversight of this chapter which shall include definitions of deep energy retrofit, pre-weatherization barriers, and pre-electrification barriers and may allow for municipalities to establish or continue their own municipal program so long as it meets or exceeds the greenhouse gas emissions reductions of the Building Energy Retrofit Funding Program. The department shall commence awarding funds no later than January 1, 2025.
Section 22. (a) The commissioner shall create and administer the building energy retrofit program trust fund into which shall be deposited: (i) any revenues or other financing sources directed to the fund by appropriation; (ii) bond revenues authorized by the general court and designated to be credited to the fund; (iii) any income derived from the investment credited to the fund; (iv) funds from public or private sources including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are designated to be credited to the fund; and (v) all other amounts credited or transferred into the fund from any other source.
(b) There shall be established upon the books of the commonwealth a separate fund to be known as the Building Energy Retrofit Trust Fund. There shall be credited to said fund all amounts received through (i) any revenues or other financing sources directed to the fund by appropriation; (ii) bond revenues authorized by the general court and designated to be credited to the fund; (iii) any income derived from the investment credited to the fund; (iv) funds from public or private sources including, but not limited to, gifts, federal or private grants, donations, rebates and settlements received by the commonwealth that are designated to be credited to the fund; and (v) all other amounts credited or transferred into the fund from any other source. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department for activities of the department related to section 18 and section 19 of this chapter. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year; provided however, that the fund shall not be in deficit at the end of any state fiscal year.
(c) The operating and administrative expenses shall not exceed 5 per cent of the annual total revenue expended from the fund.
(d) Annually, not later than December 1 of each year, the commissioner shall report on the activities of the fund to the clerks of the house of representatives, the senate and to the house and senate committees on ways and means, and the net zero energy building advisory council established in section 23 of this chapter. The report shall include an accounting of expenditures made from the fund with a description of the purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended balance remaining in the fund.
Section 23. (a) The commissioner shall establish a net zero energy building advisory council which shall review and provide feedback on the implementation of programs under the building energy and emissions performance division with a focus on supporting development of net zero buildings in the commonwealth in alignment with the targets established in chapter 21N. The council shall be chaired by the commissioner or a designee and members shall include, but are not limited to: (i) The attorney general, or a designee; (ii) at least two residents of environmental justice communities as defined in section 62 of chapter 30; (iii) at least two certified minority-owned or women-owned small business enterprises that perform clean energy services; (iv) one representative of the public institutions of higher education included in section 5 of chapter 15A; (v) one representative of the MassHire State Workforce Board; (vi) one representative of the energy efficiency advisory council established in section 22 of chapter 25 who does not represent a state agency or utility that is otherwise seated on the council; (vii) one representative of a building trade association; (viii) one representative of the labor community; (ix) one residential architect; (x) one commercial architect; (xi) one building engineer; (xii) one non-profit that specializes in clean energy efficiency research; (xiii) one representative of the low-income energy affordability network; (xiv) two representatives of commonwealth cities and towns, one rural and one suburban; (xv) one representative of a regional planning agency; and (xvi) one expert in land use.
Non-voting members shall include the secretary of housing and community development or their designee; the commissioner of the department of public health or their designee the commissioner of the department of environmental protection or their designee; the CEO of Massachusetts Clean Energy Center or their designee; a representative of an investor-owned utility, and a representative of a municipal lighting plant or municipal light plant industry association.
Interested parties shall apply to the commissioner for designation as members. There shall be members from each county of the commonwealth represented on the council. In their initial appointments, the commissioner shall designate one third of members to serve for one year, one third to serve for a term of two years and the remaining third to serve for a term of three years and their successors shall serve for terms of three years.
The advisory board may convene working groups. Such working groups may include individuals external to the advisory board. The commissioner shall invite the appropriate federal, state and local agencies and authorities to participate.
(b) The advisory council shall meet at least 4 times a year and shall hold at least 2 public hearings each year. The council shall review and monitor the recommendations for expenditure of grants and programs in the secretariat. In the event the council or members of the council disapproves of any such recommendation it may file a report noting its objection with the governor, the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture.
(c) Not later than December 1 of each year, the Department shall report on the activities of the council to the clerks of the house of representatives and the senate, to the house and senate committees on ways and means and to the chairs of the joint committee on telecommunications, utilities and energy.
SECTION 10. Subsection (o) of Section 94 of chapter 143 is hereby amended by adding at the end:-
“If the energy provisions of the state building code are not updated within said one year of any revision to the International Energy Conservation Code (IECC), the Board shall report on the status of approval of the latest International Energy Conservation Code and steps being taken to move towards expedient adoption. Reports shall be filed with the chairs of the joint committee on telecommunication, utilities and energy, the joint committee on Consumer Protection and Professional Licensure the clerk of the house of representatives, and the clerk of the senate no later than 30 days beyond the one-year deadline described in this section, and again every 6 months, until the past due IECC provisions and any more stringent amendments are adopted.”
SECTION 11. The Department of Energy Resources, in consultation with Massachusetts Clean Energy Center, the Board of Building Regulations and Standards and the secretary of housing and economic development, shall issue a written report to the clerk of the house of representatives, the clerk of the senate and the joint committee on telecommunications, utilities, and energy within one year of adoption of this act which shall include, but is not limited to, analysis on the feasibility and timing for adopting the following: (i) mass timber buildings taller than five stories; (ii) reduction of embodied carbon; (iii) carbon storage in building materials; (iv) modular building systems; and (v) healthy non-toxic building materials.
The report shall include recommendations for any legislation that may be required to adopt these or other innovations in the commonwealth.
SECTION 12. Notwithstanding any special or general law, rule or regulation to the contrary, not later than January 1, 2025, the opt-in specialized stretch energy code as developed and promulgated under section 6 of chapter 25A shall be incorporated into the Stretch Energy Code in Appendix 115AA of the Massachusetts building energy code. Upon such incorporation, municipalities that previously adopted the opt-in specialized stretch energy code shall be part of the Stretch Energy Code in Appendix 115AA of the Massachusetts building energy code with no action required.
SECTION 13. Notwithstanding any special or general law, rule or regulation to the contrary, not later than January 1, 2028, the state board of building regulations and standards shall incorporate the Stretch Energy Code in Appendix 115AA of the Massachusetts building energy code into the base energy provisions of the state building code issued by the state board of building regulations under section 93 of chapter 143.
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An Act supporting load aggregation programs in the Commonwealth
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S2145
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SD2066
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T12:44:59.383'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T12:44:59.3833333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-02T12:04:32.3433333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-03T09:24:57.68'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T15:59:11.28'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-02-23T10:40:31.5233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2145/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2145) of Jason M. Lewis, John F. Keenan, Pavel M. Payano, Michael O. Moore and others for legislation to support load aggregation programs in the Commonwealth. Telecommunications, Utilities and Energy.
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SECTION 1. It is hereby found and declared that electrical load aggregation programs empower municipalities to create new electricity supply offerings that provide customized solutions addressing their consumers’ needs and reflecting the municipality’s capabilities. Such solutions may provide benefits including, but not limited to, electricity cost control, reduction of greenhouse gas emissions, support for renewable energy development and facilitation of beneficial electrification. Further, load aggregation programs may provide residential and small business consumers access to solutions that they could not find otherwise. For municipalities to effectively offer such solutions, they must be empowered both to create and adapt their load aggregation programs in a timely manner and to communicate with the electricity consumers within their community using methods that reflect local needs and preferences. Therefore, it is found that it is in the public interest to promote load aggregation programs through enactment of the following statutory changes.
SECTION 2. Section 2 of chapter 164 of the General Laws, as appearing in the 2022 official edition, is hereby amended by inserting the following definition:
"Public Aggregator” means a municipality or group of municipalities that groups interested electricity consumers within its municipal boundaries to facilitate or otherwise arrange the purchase and sale of electricity as set forth in section 134.
SECTION 3. Section 134 of chapter 164 of the General Laws, as appearing in the 2022 official edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following:
(a) Any municipality or any group of municipalities acting together within the commonwealth is hereby authorized to aggregate the electrical load of interested electricity consumers within its boundaries on an opt-out basis; provided, however, that such municipality or group of municipalities shall not aggregate electrical load if such are served by an existing municipal lighting plant. Such public aggregator may group retail electricity consumers to solicit bids, broker, and contract for electric energy and energy-related services for such consumers. Such public aggregator may enter into agreements for services to facilitate the sale and purchase of electric energy and energy-related services including renewable energy certificates, which may be considered contracts for energy or energy-related services under clause (33) of subsection (b) of section 1 of chapter 30B. Such service agreements may be entered into by a single city, town, county, or by a group of cities, towns, or counties. A public aggregator shall not be considered a utility engaging in the wholesale purchase and resale of electric power. Providing electric energy or energy-related services to aggregated consumers within a municipality or group of municipalities shall not be considered a wholesale utility transaction.
A town may initiate a process to aggregate electrical load upon authorization by a majority vote of town meeting or town council. A city may initiate a process to authorize load aggregation by a majority vote of the city council, with the approval of the mayor, or the city manager in a Plan D or Plan E city. Two or more municipalities may as a group initiate a process jointly to authorize load aggregation by a majority vote of each particular municipality as herein required.
Upon an affirmative vote to initiate said process, a public aggregator establishing load aggregation on an opt-out basis pursuant to this subsection shall develop a plan for review by its citizens detailing the process and consequences of load aggregation in consultation with the department of energy resources, pursuant to section 6 of chapter 25A. Any municipal load aggregation plan established pursuant to this subsection shall be filed with the department by the public aggregator or an entity acting on its behalf. Said plan shall include, without limitation, the following structural elements: the provision of universal access; the provision of reliability; the provision of equitable treatment of all classes of consumers; an organizational structure of the program; plans for providing notices and program information to consumers; its method of setting and providing funding for program services and administration; description of how program rates will be set and structured; the rights and responsibilities of program participants; its intent to offer optional opt-in products or services; and its method for suspending or terminating the program. Said plan shall also include a general description of planned program implementation, however the public aggregator may thereafter establish the specific practices, terms and conditions of the offerings and services to be provided from time to time including, but not limited to: rates to support the provision of electric energy and program and energy-related services (provided that all funds collected are used solely for the benefit of program participants); supply terms; timing of program start; product offerings, including any periodic changes in the price or composition of such product offerings; contract terms and conditions for electric energy and energy-related services; the format and mechanisms for delivering all notices to consumers; maintaining a website location dedicated to current program information; and accommodating consumers with limited English proficiency. The public aggregator may change any specifics of program implementation without being required to revise, amend or refile the approved load aggregation plan with the department for approval; provided, however, that program implementation shall be consistent with the approved load aggregation plan, the requirements for load aggregation set forth in this subsection, and shall not otherwise violate any other law of the commonwealth. The public aggregator shall submit to the department for approval any revision that the public aggregator seeks to make to the structural elements of an approved plan, following the approval process described below.
The department shall confirm that any submitted plan, or revised plan sought by the public aggregator, includes the structural elements described above and the department shall approve such plan or revised plan that comports with this subsection. In discharging its responsibilities under this subsection, the department shall prioritize municipal decision making and control. Prior to the department’s decision, the department shall conduct a public hearing. Failure by the department to approve a plan or revised plan submitted under this subsection within 90 days of its submission date shall constitute approval of the plan. Such constructive approval shall not exempt the public aggregator from complying with the provisions of this subsection. If after review, the department finds it cannot approve the plan or revised plan as proposed by the public aggregator, it must reject the plan, and the department shall send to the public aggregator a denial order containing the reason for the rejection. The public aggregator may revise the plan to address such reasons and, if such revised plan is submitted not more than 30 days after the department’s denial order is issued, the public aggregator shall not be required to consult with the department of energy resources regarding the revised plan or submit the revised plan for public review. The department shall review and approve or reject any such revised plan not more than 30 days after receipt of the revised plan. Notwithstanding any provision of this subsection to the contrary, the department shall not direct or otherwise require revisions to, or impose new requirements on, an approved plan without first providing the public aggregator with notice and opportunity for an adjudication pursuant to either section 2 or section 10 of chapter 30A.
After obtaining approval of its plan, the public aggregator may deliver information and educational materials regarding its program to each consumer within the municipality or municipalities in a manner consistent with its plan and using one or more methods deemed most effective by the public aggregator. To enable such delivery, the electric distribution company shall provide to such public aggregator a current list of the names, mailing addresses, email addresses, and service addresses of all electric consumers taking distribution service within the municipality or municipalities. To facilitate consumer notification and automatic enrollment on an opt-out basis, the electric distribution company shall identify in such data those consumers that are not otherwise receiving generation service from a supplier and provide such additional consumer information necessary for enrollment.
Participation by any retail consumer in a load aggregation program pursuant to this subsection shall be voluntary. Within 30 days of the date the program is fully operational, such consumers shall be transferred to the program according to an opt-out provision herein. Following adoption of load aggregation through the votes specified above, such program shall allow any retail consumer to opt-out and choose any supplier or provider such retail consumer wishes. Once enrolled in the program via the opt-out process, any consumer choosing to opt-out within 180 days shall do so without penalty and shall be entitled to receive basic service as if the consumer was originally enrolled therein. After the initial automatic enrollment of consumers upon the establishment of a load aggregation program in accordance with this subsection, the subsequent enrollment of new consumers or accounts in the service territory of the public aggregator shall be governed by the terms for enrollment set forth in the public aggregator’s plan. Nothing in this subsection shall be construed as authorizing any city or town or any public aggregator to restrict the ability of retail electric consumers to obtain or receive service from any authorized provider thereof.
It shall be the duty of the public aggregator to fully inform eligible consumers in advance of automatic enrollment that they are to be automatically enrolled and that they have the right to opt-out of the program without penalty. In addition, such disclosure shall prominently state all program charges and the basic service rate, how to access it, and the fact that it is available to them without penalty. The public aggregator shall notify participating consumers in advance of any change in program rate or product and that they have the right to opt-out of the program without penalty. In the event of such changes, participating consumers shall continue to be enrolled in the program unless they opt-out. Each public aggregator shall file an annual report with the department that shall be limited to the average number of program participants and energy sales by month.
SECTION 4. The terms of Sections 2 and 3 shall be applicable to all plans pending before the department as of the effective date and the department’s failure to approve such plans within 90 days of the effective date shall constitute approval of said plans. Public aggregators with plans approved by or pending before the department as of the effective date shall not be required to file amendments to said plans for department review and approval but shall nonetheless be subject to the terms of Sections 2 and 3.
SECTION 5. The department shall, within 60 days of the effective date of this act, issue an order directing that each electric distribution company shall, upon request of a public aggregator with an approved plan, provide to such public aggregator a current list of the names, mailing addresses, email addresses, and service addresses of all electric consumers taking distribution service within the municipality or municipalities.
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An Act reforming the Massachusetts Municipal Wholesale Electric Company board of directors
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S2146
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SD1671
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T08:52:05.58'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T08:52:05.58'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-19T18:57:18.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2146/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2146) of Joan B. Lovely and Sally P. Kerans for legislation to reform the Massachusetts Municipal Wholesale Electric Company board of directors. Telecommunications, Utilities and Energy.
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SECTION 1. Section 4 of chapter 775 of the acts of 1975 is hereby amended by striking out subsection (a) and inserting in place thereof the following text:
“(a) Except as otherwise provided in this act, the powers of the corporation shall be exercised by a board of thirteen directors. The governor shall appoint four directors who shall serve at the pleasure of the governor including: (1) one individual, from a nonprofit organization, with expertise in environmental justice; (2) one individual, from a nonprofit organization, with expertise in clean energy and climate policy; (3) one individual from the executive office of energy and environmental affairs. The member cities and towns shall elect seven directors from among their respective managers of municipal lighting and members of their municipal light boards, who shall serve for a term of one year and until their successors are chosen and qualified. At least three of the seven elected directors shall be members of municipal light boards. Three of the seven elected directors shall be elected by the member cities and towns each of whom shall have one equal vote. The remaining four of the seven elected directors shall be elected by the member cities and towns each of whom shall have a vote which shall be given weight in the same proportion which its annual kilowatt-hour sales as most recently reported to the department under chapter one hundred and sixty-four of the General Laws or as otherwise determined or estimated in accordance with the by-laws bears to the total of such sales by all member cities and towns. Such an elected director may be removed at any time by the member cities and towns with or without cause or for cause by the board. The member cities and towns shall elect a successor to fill any vacancy among the elected directors for the unexpired term. No vacancy in the membership of the board shall impair the right of a quorum to exercise the powers of the board. A majority of the full membership of the board shall constitute a quorum and a majority of such quorum shall be necessary for any action by the board. The directors shall not be entitled to compensation for their services as such, but they shall be reimbursed for actual expenses necessarily incurred in the performance of their duties.”
SECTION 2. Section 17 of chapter 775 of the acts of 1975 is hereby amended by inserting after “public interest” the following text:
“which, in such cases, shall include considerations of safety, security, reliability of service, affordability, equity, greenhouse gas emissions reductions, the project’s compliance under Massachusetts statewide greenhouse gas emissions limits as defined in section 3 of chapter 21N, and local emissions limits as defined in section 11F3/4 of chapter 25A”
SECTION 3. Section 19 of chapter 775 of the acts of 1975 is hereby amended, in paragraph (a), by inserting after “energy” the following text:
“, and there is reasonable and available evidence suggesting that this determination is justified.”
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An Act relative to green jobs
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S2147
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SD1853
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T13:36:16.363'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T13:36:16.3633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2147/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2147) of Paul W. Mark for legislation to establish an energy efficiency authority, and a green jobs program and loan fund. Telecommunications, Utilities and Energy.
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The General Laws are hereby amended by inserting after chapter 25C the following chapter:-
Chapter 25D
The Massachusetts Energy Efficiency Authority
Section 1. There is hereby created a body politic and corporate to be known as the Massachusetts Energy Efficiency Authority, hereinafter in this chapter referred to as the authority. The authority is hereby constituted a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be considered to be the performance of an essential government function.
The authority is hereby placed in the executive office of energy and environmental affairs, but shall not be subject to the supervision or control of said office or of any board, bureau, department or other center of the commonwealth, except as specifically provided in this chapter.
Section 2. The authority shall establish and administer the Green Jobs Massachusetts program, hereinafter in this chapter referred to as the program, established herein, to provide for the billing and collection of on-bill recovery charges for payment of obligations of its customers to the Massachusetts Green Jobs Loan Fund, established pursuant to section 3. The program shall provide financial assistance in the form of loans to eligible recipients for the performance of qualified energy efficiency services for eligible projects, subject to repayment in the form of on-bill recovery charges on the recipient’s utility bill. To the maximum extent practicable, funding available from the authority shall be utilized to defray any costs associated with electronic data interchange improvements or other costs of initiating and implementing this program. Billing and collection services shall commence as soon as practicable after establishment of the program.
The authority may suspend its offering of the on-bill recovery charge provided that the authority makes a finding that there is a significant increase in arrears or utility service disconnections that the authority determines is directly related to such charge, or a finding of other good cause.
Section 3. (a) There is hereby established a fund to be known as the Massachusetts Green Jobs Loan Fund, hereinafter the fund. The fund shall consist of:
(i) all moneys made available for the purpose of the fund pursuant to this section;
(ii) payments of principal and interest, including any late payment charges, made pursuant to loan or financing agreements entered into with the authority or its designee pursuant to this section; and
(iii) any interest earned by the investment of moneys in the fund;
(b) The fund shall consist of 2 accounts:
(i) one account which shall be maintained for monies to be made available to provide loans to finance the cost of approved qualified energy efficiency services for residential structures and multi-family structures; and
(ii) one account which shall be maintained for monies made available to provide loans to finance the cost of approved qualified energy efficiency services for non-residential structures.
(c)The initial balance of the residential account established in clause (i) shall represent at least 50 per cent of the total balance of the 2 accounts. The authority shall not commingle the monies of the fund with any other monies of the authority or held by the authority, nor shall the authority commingle the monies between accounts. Payments of principal, interest and fees shall be deposited into the account created and maintained for the appropriate type of eligible project.
Section 4. In administering the program, the authority shall:
(a) use monies made available for the fund to achieve the purposes of this chapter including but not limited to making loans available for eligible projects;
(b) enter into contracts with 1 or more program implementers to perform such functions as the authority deems appropriate;
(c) establish an on-bill recovery mechanism for repayment of loans for the performance of qualified energy efficiency services for eligible projects provided that such on-bill recovery mechanism shall provide for the utilization of any on-bill recovery programs established pursuant to this chapter;
(d) establish standards for customer participation in such on-bill recovery mechanism, including standards for reliable utility bill payment, current good standing on any mortgage obligations, and such additional standards as the authority deems necessary; provided that in order to provide broad access to on-bill recovery, the authority shall, to the fullest extent practicable, consider alternative measures of creditworthiness that are prudent in order to include participation by customers who are less likely to have access to traditional sources of financing;
(e) to the extent feasible, make available on a pro-rata basis, based on the number of electric customers within the utility service territory, to combination electric and gas corporations that offer on-bill recovery, up to $500,000 to defray costs directly associated with changing or upgrading billing systems to accommodate on-bill recovery charges;
(f) within 30 days of closing of a loan to a customer, pay a fee of $100 per loan to the combination electric and gas corporation in whose service territory such customer is located to help defray the costs that are directly associated with implementing the program;
(g) within 30 days of closing of a loan to a customer, pay a servicing fee of 1 percent of the loan amount to the combination electric and gas corporation in whose service territory such customer is located to help defray the costs that are directly associated with the program; and
(h) exercise such other powers as are necessary for the proper administration of the program, including at the discretion of the authority, entering into agreements with applicants and with such state or federal agencies as necessary to directly receive rebates and grants available for eligible projects and apply such funds to repayment of applicant loan obligations.
Section 5. (a) The authority shall, within 45 days of the effective date of this section, commence a proceeding to investigate the implementation by each combination electric and gas corporation having annual revenues in excess of $200,000,000 dollars of a billing and collection service for on-bill recovery charges in payment of obligations of its customers to the fund established pursuant to section 3 and, within 150 days of the effective date of this section, the authority shall make a determination establishing the billing and collection procedures for such on-bill recovery charges. The authority shall require such electric and gas corporations to offer billing and collection services for green jobs on-bill recovery charges for eligible customers within 300 days of the effective date of this section. To the extent practicable, such electric and gas corporations shall utilize existing electronic data interchange infrastructure or other existing billing infrastructure to implement their billing and collection responsibilities under this section, and shall utilize funding available from the authority to defray any costs associated with electronic data interchange improvements or other costs of initiating and implementing this program.
(b) To ensure proper program design and implementation, each electric and gas corporation shall initially limit the number of customers who pay an on-bill recovery charge at any given time to no more than one-half of 1 percent of its total customers, on a first-come, first served basis. Prior to reaching such limit, the authority shall review said limit, and shall increase said limit provided that the authority finds that the program has not caused significant harm to the electric or gas company or its ratepayers.
(c) The authority may suspend such an electric and gas corporation's offering of the on-bill recovery charge provided that the authority, after conducting a hearing, makes a finding that there is a significant increase in arrears or utility service disconnections that the authority determines is directly related to the on-bill recovery charge, or a finding of other good cause.
(d) The on-bill recovery charge shall be collected on the bill from the customer's electric corporation unless the qualified energy efficiency services at that customer's premises result in more projected energy savings on the customer's gas bill than the electric bill, in which case such charge shall be collected on the customer's gas corporation bill.
(e) The authority shall determine an appropriate percentage, up to 15 per cent, of the energy savings from qualified energy efficiency services, financed with a loan pursuant to section seven that is subject to an on-bill recovery charge, to be credited to the combination electric and gas corporation that is issuing the bill for such charge, for purposes of meeting such corporation's targets under energy efficiency programs established by the authority.
Section 6. Schedules for the collection and billing of on-bill recovery charges shall provide:
(a) that billing and collection services shall be available to all customers who have met the standards established by the authority for participation in the on-bill recovery mechanism under the program and have executed an agreement for the performance of qualified energy efficiency services under such program; provided, however, that for residential properties any such customer must hold primary ownership or represent the primary owner or owners of the premises and hold primary meter account responsibility or represent the primary holder or holders of meter account responsibility for all meters to which such on-bill recovery charges will apply;
(b) that the responsibilities of such electric and gas corporation are limited to providing billing and collection services for on-bill recovery charges as directed by the authority;
(c) that the rights and responsibilities of residential customers paying on-bill recovery charges shall be governed by the provisions of section 11;
(d) unless fully satisfied prior to sale or transfer, that (i) the on-bill recovery charges for any services provided at the customer's premises shall survive changes in ownership, tenancy or meter account responsibility, and (ii) that arrears in on-bill recovery charges at the time of account closure or meter transfer shall remain the responsibility of the incurring customer, unless expressly assumed by a subsequent purchaser of the property subject to such charges;
(e) not less than 45 days after closure of an account that is subject to an on-bill recovery charge, and provided that the customer does not re-establish service with such electric and gas corporation, it shall be the responsibility of the authority and not the electric and gas corporation to collect any arrears that are due and owing;
(f) a customer remitting less than the total amount due for electric or gas services and on-bill recovery charges shall have such partial payment first applied as payment for electric or gas services and any remaining amount will be applied to the on-bill recovery charge;
(g) billing and collection services shall be available without regard to whether the energy or fuel delivered by the utility is the customer's primary energy source;
(h) unless otherwise precluded by law, participation in the program shall not affect a customer's eligibility for any rebate or incentive offered by a utility; and
(i) any other provisions necessary to provide for the billing and collection of on-bill recovery charges.
The authority shall not approve any application for the conversion to submetering of any master meter which is subject to any on-bill recovery charges.
Section 7. (a) The authority shall provide financial assistance in the form of loans for the performance of qualified energy efficiency services for eligible projects on terms and conditions established by the authority.
(b) Loans made by the authority pursuant to this section shall be subject to the following limitations:
(i) eligible projects shall meet cost-effectiveness standards developed by the authority;
(ii) loans shall not exceed $13,000 per applicant for approved qualified energy efficiency services for residential structures, and $26,000 per applicant for approved qualified energy efficiency services for non-residential structures, provided, however, that the authority may permit a loan in excess of such amounts if the total cost of energy efficiency measures financed by such loan will achieve a payback period of 15 years or less, but in no event shall any such loan exceed $25,000 dollars per applicant for residential structures and $50,000 per applicant for non-residential structures; and for multi-family structures loans shall be in amounts determined by the authority, provided, however, that the authority shall assure that a significant number of residential structures are included in the program;
(iii) no fees or penalties shall be charged or collected for prepayment of any such loan; and
(iv) loans shall be at interest rates determined by the authority to be no higher than necessary to make the provision of the qualified energy efficiency services feasible.
In determining whether to make a loan, and the amount of any loan that is made, the authority is authorized to consider whether the applicant or borrower has received, or is eligible to receive, financial assistance and other incentives from any other source for the qualified energy efficiency services which would be the subject of the loan. In determining whether a loan will achieve a payback period of 15 years or less pursuant to clause (ii), the authority may consider the amount of the loan to be reduced by the amount of any rebates for qualified energy efficiency services received by the applicant or by the authority on behalf of an applicant.
(c) Applications for financial assistance pursuant to this section shall be reviewed and evaluated by the authority or its designee pursuant to eligibility and qualification requirements and criteria established by the authority. The authority shall establish standards for (i) qualified energy efficiency services, and (ii) measurement and verification of energy savings.
(d) The amount of a fee paid for an energy audit may be added to the amount of a loan that is made under this section to finance the cost of an eligible project conducted in response to such energy audit. In such a case, the amount of the fee may be reimbursed from the fund to the borrower.
(e) In establishing an on-bill recovery mechanism:
(i) the cost-effectiveness of an eligible project shall be evaluated solely on the basis of the costs and projected savings to the applying customer, using standard engineering assessments and prior billing data and usage patterns; provided however that based upon the most recent customer data available, on an annualized basis, the monthly on-bill repayment amount for a package of measures shall not exceed one-twelfth of the savings projected to result from the installation of the measures provided further that nothing herein shall be construed to prohibit or prevent customers whose primary heating energy source is from deliverable fuels from participating in the program;
(ii) the authority shall establish a process for receipt and resolution of customer complaints concerning on-bill recovery charges and for addressing delays and defaults in customer payments; and
(iii) the authority may limit the availability of lighting measures or household appliances that are not permanently affixed to real property.
(f) Prior to or at the closing of each loan made pursuant to this section, the authority shall cause a notice to be provided to each customer receiving such loan stating, in clear and conspicuous terms:
(i) the financial and legal obligations and risks of accepting such loan responsibilities, including the obligation to provide or consent to the customer's utility providing the authority information on the sources and quantities of energy used in the customer's premises and any improvements or modifications to the premises, use of the premises or energy consuming appliances or equipment of any type that may significantly affect energy usage;
(ii) that the on-bill recovery charge will be billed by such customer utility company and that failure to pay such on-bill recovery charge may result in the customer having his or her electricity or gas terminated for non-payment, provided that such utility company follows the requirements of the relevant law and regulations with respect to residential customers;
(iii) that incurring such loan to undertake energy-efficiency projects may not result in lower monthly energy costs over time, based on additional factors that contribute to monthly energy costs;
(iv) that the program is operated by the authority and it is the sole responsibility of the authority to handle consumer inquiries and complaints related to the operation and lending associated with the program, provided further that the authority shall provide a mechanism to receive such consumer inquiries and complaints.
(g) Any person entering into a loan agreement pursuant to this section shall have the right to cancel any such loan agreement until midnight of the fifth business day following the day on which such person signs such agreement provided the loan proceeds have not yet been disbursed.
Section 8. (a)The authority shall evaluate the cost-effectiveness of the on-bill recovery mechanism on an on-going basis. In conducting such evaluation, the authority shall request each customer to provide:
(i) information on energy usage and permission to collect information on energy usage from utilities and other retail vendors, including but not limited to information required to be furnished to consumers under article seventeen of the energy law;
(ii) information on other sources of energy used in the customer's premises; and
(iii) information on any improvements or modifications to the premises that may significantly affect energy usage.
(b) At a minimum the authority shall collect and maintain information for dates prior to the performance of qualified energy efficiency services, to establish a baseline, and for dates covering a subsequent time period to measure the effectiveness of such measures. Such data shall be correlated with information from the energy audit and any other relevant information, including information on local weather conditions, and shall be used to evaluate the on-bill recovery program and to improve the accuracy of projections of cost-effectiveness on an on-going basis. An analysis of such data shall be included in the annual report prepared pursuant to section 10.
(c) All information collected by the authority shall be confidential and shall be used exclusively for the purposes of this section.
Section 9. (a) The authority shall secure every loan issued for such services that are to be repaid through an on-bill recovery mechanism with a mortgage upon the real property that is improved by such services. Such mortgage shall be recorded.
(b) All terms and provisions of a green-jobs mortgage pursuant to this section shall be subject and subordinate to the lien of any mortgage or mortgages on such property. When a subsequent purchaser of the property is granted a mortgage, the green-jobs mortgage shall be subordinate to the terms of that mortgage.
(c) The mortgagee shall not retain any right to enforce payment or foreclose upon the property.
Section 10. The rights and responsibilities of residential customers participating in the program pursuant to this chapter shall be substantially comparable to those of electric and gas customers not participating in on-bill recovery, and charges for on-bill recovery shall be treated as charges for utility service for the purpose of this article, provided that:
(a) all determinations and safeguards related to the termination and reconnection of service shall apply to on-bill recovery charges billed by a utility pursuant to such section;
(b) in the event that the responsibility for making utility payments has been assumed by occupants of a multi- family dwelling or by occupants of a two-family dwelling, such occupants shall not be billed for any arrears of on-bill recovery charges or any prospective on-bill recovery charges, which shall remain the responsibility of the incurring customer;
(c) deferred payment agreements shall be available to customers participating in on-bill recovery on the same terms as other customers, and the utility shall retain the same discretion to defer termination of service as for any other delinquent customer;
(d) where a customer has a budget billing plan or levelized payment plan, the utility shall recalculate the payments under such plan to reflect the projected effects of installing energy efficiency measures as soon as practicable after receipt of information on the energy audit and qualified energy efficiency services selected;
(e) late payment charges on unpaid on-bill recovery charges shall be determined as provided in this section, or as otherwise consented to by the customer in the agreement for green job on-bill recovery and any such charges shall be remitted to the authority;
(f) when a complaint is related solely to work performed under the green jobs program or to the appropriate amount of on-bill recovery charges, the utility shall only be required to inform the customer of the complaint handling procedures of the authority, which shall retain responsibility for handling such complaints, and such complaints shall not be deemed to be complaints about utility service in any other authority action or proceeding; and
(g) billing information required to be provided by the utility company to the consumer shall include information on on-bill recovery charges, including the basis for such charges, and any information or inserts provided by the authority to the utility company related thereto. In addition, at least annually the authority shall provide the utility with information for inclusion or insertion in the customer's bill that sets forth the amount and duration of remaining on-bill recovery charges and the authority's contact information and procedures for resolving customer complaints with such charges.
Section 11. The authority shall annually submit to the commissioner of energy and environmental affairs a report on the status of the authority's activities and outcomes related to this chapter, which shall include, but not be limited to:
(a) the number of persons who have applied for and received financial assistance through the fund;
(b) the fund account balances;
(c) the number of loans in default;
(d) the authority's activities and outcomes related to establishing an on-bill recovery mechanism, including the number of persons who have applied for and who have received financial assistance that utilizes on-bill recovery and the results of the evaluation of cost effectiveness pursuant to section 8;
(e) the amount expended by the authority in support of the program and the purposes for which such funds have been expended;
(f) the number of customers participating in the program, separately stating the number of residential and non-residential customers and the amounts financed;
(g) the number of program participants who are in arrears in their utility accounts for electric and/or gas service;
(h) the number of program participants who are in arrears in their on-bill recovery charge payments;
(i) the number of program participants whose utility service has been terminated for non-payment;
(j) a description of the geographic distribution of loans made;
(k) an estimate of the energy savings resulting from this program;
(l) an estimate of the average project cost; and
(m) in consultation with the commissioner of labor and workforce development, an estimate of the number of jobs created under the program.
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An Act relative to solar for state agencies
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S2148
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SD1856
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T13:57:47.44'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T13:57:47.44'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2148/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2148) of Paul W. Mark for legislation to require state agencies that initiate construction of new facilities or renovation of existing facilities to install solar energy systems on or near such facilities. Telecommunications, Utilities and Energy.
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Chapter 7C of the General Laws is hereby amended by inserting after section 29 the following section:-
Section 29A. (a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:-
“Effective solar area,” the portion of a building roof on which the output from a solar energy system, taking into account shading from existing permanent natural or manmade barriers external to the building (including but not limited to trees, hills, and adjacent structures), would be equivalent to 70 percent or greater of the output of an unshaded solar energy system on an annual basis.
“Solar energy system”, any system that uses solar energy to provide all or a portion of the electrical needs of a building.
“Substitute renewable energy system”, any system that uses renewable energy resources other than solar energy to provide for all or a portion of the electrical needs of a building; provided, that a renewable energy system shall use a technology eligible for the renewable portfolio standard under subsection (c) of section 11F of chapter 25A of the General Laws.
(b) Beginning on January 1, 2024, the commissioner shall require a state agency that initiates the construction of a new facility owned or operated by the commonwealth or a renovation of an existing facility owned or operated by the commonwealth when the renovation costs exceed $25,000 and includes the replacement of systems, components or other building elements which affect energy consumption to install a solar energy system on or near the facility.
(c) If the effective solar area is sufficiently large, the solar energy system shall produce enough electricity on an annual basis to meet 100 percent of the projected annual electricity demand of the building.
(d) If the effective solar area is insufficient to meet 100 percent of the building’s projected annual electricity demand, the state agency shall either (1) install a solar energy system occupying as much of the effective solar area as possible, or (2) install a ground-mounted solar energy system, provided that the installation of a ground-mounted solar energy system does not cause an unacceptable negative impact to the commonwealth’s natural or historic resources, and provided that the solar energy system shall be sized to meet 100 percent of the building’s projected annual electricity demand or the maximum possible given the available space.
(e) An agency may seek an exemption from the requirements of this section if the effective solar area is less than 80 contiguous square feet and there is no suitable location for a ground-mounted solar energy system.
(f) An agency may seek an exemption from the requirements of this section if a substitute renewable energy system will be installed at the time of construction meeting 100 percent of the building’s projected annual electricity demand, or producing an equivalent amount of electricity on an annual basis as the largest solar energy facility possible under subsection (d) of this section. An agency may seek a reduction in the required size of a solar energy system upon a sufficient showing that a substitute renewable energy system will be installed at the time of construction, producing sufficient electricity on an annual basis to offset the reduction in electricity produced by the solar energy system.
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An Act relative to fair and stable utility pricing
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S2149
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SD1987
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T11:19:06.383'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T11:19:06.3833333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:20:39.0533333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-04T10:33:49.9733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:54:05.4633333'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2149) of Paul W. Mark and Jonathan D. Zlotnik for legislation relative to fair and stable utility pricing. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164 of the General Laws is hereby amended in section 1B by striking subsection (e) and replacing it with the following:-
(e) As of March 1, 2024, the total, average rates for all of the distribution company’s customers purchasing electricity under said standard service transition rate, shall be subject to an inflation cap that shall not exceed the annual rate of growth, stated as a percentage, of the Consumer Price Index as reported by the United States Bureau of Labor Statistics for the preceding year. The implementation of the rate reduction and inflation cap shall be reviewed, approved, and enforced in accordance with procedures in the rules and regulations promulgated by the department, which shall require that, the economic value of the rate reduction required under this section, be maintained during the standard service transition rate period.
SECTION 2. Chapter 164 of the General Laws is hereby amended by inserting after section 1B the following section:-
Section 1B½. (a) For the purposes of this section, the term rate increase shall mean any upward adjustment to any rates or charges of any ancillary service, basic service, cogeneration, default service, distributed generation, distribution, electric service, generation, generation service or transmission by an electric company to either a distribution company or a retail customer.
Notwithstanding any other provision of this chapter, an electric company shall not institute a rate increase or other change in its rates, charges or retail access except upon approval by the department and after 60 days’ notice to the department and to the public published pursuant to this section, which shall plainly state the changes proposed to be made to the schedule then in force, and the time when the changed rates or charges will go into effect. Whenever the department receives notice of any rate increase to be made by an electric company, the department shall first hold a public hearing and make investigation as to the propriety of the proposed change or changes. After notice of any investigation, the department shall have power to suspend the taking effect of the change or changes, pending the decision of the department. Each hearing and investigation shall be conducted as expeditiously as may be practicable and with a minimum of delay.
Within 90 days after the completion of the last hearing, the department shall make such order in reference to any proposed rate increase as may be proper; provided, that if the department makes an upward adjustment to any current or prior rates or charges by an electric company, the department shall periodically hold a public hearing and make investigation as to the continued propriety of such rates charged by an electric company and shall make such order in reference to the rate or charge as may be just, which may include decreasing the rate or charge.
(b) Upon receipt from an electric company of a notice of any rate increase proposed to be made pursuant to subsection (a), the department shall give notice as it may prescribe of the pendency of the proposal and of the time and place of the hearing thereon to the chief executive officer of any city or town containing a retail customer affected by such proposed rate increase. The department shall also publish a notice of the hearing at least 10 days prior to the date thereof in a newspaper of general circulation in each such city or town. The department, upon request of the chief executive officer of any such city or town, shall hold a public hearing on the matter within each such town or city; provided; however, that the requesting city or town shall provide suitable accommodation for the public hearing.
SECTION 3. Chapter 164 of the General Laws is hereby amended in section 1E by striking subsection (a) and replacing it with the following:-
The department is hereby authorized to promulgate rules and regulations to establish and require performance based rates for each distribution, transmission, and gas company organized and doing business in the Commonwealth pursuant to the provisions of this chapter. In promulgating such performance based rate schemes, the department shall establish service quality standards for each distribution, transmission, and gas company, including, but not limited to, standards for customer service satisfaction service outages, distribution facility upgrades, repairs and maintenance, telephone service, billing service, and public safety, and that such service quality standards shall include benchmarks for employee staff levels and employee training programs for each distribution, transmission, and gas company, provided, however, that the cost of advertising, promotional marketing, and charitable contributions and activities shall not be counted towards the basis of rates.
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An Act relative to the fair distribution and pricing of event tickets
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S215
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SD530
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:34:23.74'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:34:23.74'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:20:14.94'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 215) of Michael F. Rush and Paul McMurtry for legislation relative to the fair distribution and pricing of event tickets. Consumer Protection and Professional Licensure.
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SECTION 1. Section 185I of chapter 140 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting the following section:-
Section 185J. (a) The following words as used in this section, unless the context otherwise requires, shall have the following meaning:—
“Event ticket”, a physical, electronic, or other form of a certificate, document, voucher, or token to any concert, theatrical performance, sporting event, exhibition, show, or similar activity taking place in the Commonwealth.
“Software”, any computer program primarily designed or produced for the purpose of purchasing tickets from a ticket issuer for the purpose of resale on the secondary market.
“Ticket issuer”, a person or company that makes initial event tickets available directly to the general public in the primary market.
“Ticket reseller”, any form of transfer or alienation, or offering for transfer or alienation, of possession of an event ticket from one person to another, with or without consideration, whether in person or by means of telephone, mail, delivery service, facsimile, internet, email or other electronic means. “Ticket reseller” does not include the initial sale of an event ticket by the ticket issuer.
(b) No ticket issuer shall pre-sell any event ticket to a ticket reseller for the purposes of selling tickets in the secondary market.
A ticket reseller of event tickets shall be prohibited from using any software or other technology for the purpose, or with the foreseeable effect, of restricting the sale of event tickets to the general public within twenty-four hours of when the tickets go on sale.
SECTION 2. This act shall take effect upon its passage.
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An Act to encourage solar development on built and disturbed land
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S2150
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SD2013
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T11:37:14.327'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T11:37:14.3266667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-13T20:40:33.4066667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-13T20:40:40.25'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-13T20:40:33.4066667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-24T10:24:59.2066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T08:33:07.46'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:26:43.4266667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-23T16:11:00.4766667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-01T08:42:36.8433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T12:41:33.13'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2150) of Paul W. Mark, Susan Williams Gifford, Carmine Lawrence Gentile, Jacob R. Oliveira and other members of the General Court for legislation to encourage solar development on built and disturbed land. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 138 of the General Laws is hereby amended in the definition of “Class III net metering facility” by adding at the end thereof, the following words: “; provided further, that a Class III net metering facility that is a solar net metering facility located on built land may have a generating capacity of more than 1 megawatt but less than or equal to 5 megawatts.”
SECTION 2. Chapter 138 of the General Laws is hereby amended by adding the following definitions:
“Disturbed land”, land containing pavement, compacted urban soils, gravel pits, and other land that is barren of native plant growth due to human activity prior to January 1, 2023 and land that is part of a parcel containing built land that is not BioMap Core Habitat or Critical Natural Landscape and is not and has not been forest or used for agriculture or zoned for agriculture since January 1, 2012.
“Built land”, parking lots over which a solar canopy can be installed, brownfields, landfills, roadway cuts or disturbed land.
SECTION 3. Section 139(i) of chapter 164 of the General Laws, as amended by chapter 8 of the acts of 2021, and amended by Section 54 of chapter 179 of the acts of 2022 is hereby further amended by adding the following sentence:
A Class I net metering facility on built land with a capacity greater than 25 kilowatts, a Class II net metering facility on built land or Class III solar net metering facility on built land shall be exempt from subsections (b1/2) and (k) and from the aggregate net metering capacity of facilities that are not net metering facilities of a municipality or other governmental entity under subsection (f) and may net meter and, irrespective of size, accrue Class II net metering credits if it is generating renewable energy.
SECTION 4. Chapter 75 of the acts of 2016, as amended by section 63 of chapter 179 of the acts of 2022, is hereby further amended by inserting after 11A the following three new sections:
Section 11B. The department of energy resources shall promulgate regulations to include in the solar incentive program established in section 11 and in any successor solar incentive program, additional adders for solar facilities located on built land, including parking lot canopies, and remove declining incentive blocks for solar facilities located on built land. The department of energy resources may promulgate regulations that allow adjustment of incentives for solar energy based on market conditions for energy, labor, steel, other materials associated with the manufacturing of solar panels, and other solar development cost realities. By December 31, 2024 the administration shall either implement these changes for built land facilities or provide its rationale for objecting to any that it does not implement.
Section 11C. The administration shall investigate and report on appropriate uses of federal funds and funds held in the transitional escrow account, specifically funds transferred pursuant to section 259 of chapter 268 of the acts of 2022 to the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, and any funds remaining in the federal COVID-19 response fund established in section 2JJJJ of chapter 29 of the General Laws to encourage the equitable deployment of solar facilities located on built land. The administration shall transmit the report to the executive office of energy and environmental affairs, the house and senate chairs of the joint committee on telecommunications, utilities & energy, and the chairs of the house and senate committees on ways & means no later than December 31, 2024.
Section 11D. The administration shall create an incentive for roof repair or replacement as part of a rooftop solar project if needed to make solar an economically sound choice, either as a grant program or a feed in tariff via the SMART program, with priority and/or larger incentives for buildings in rural and environmental justice communities. By December 31, 2024 the administration shall either implement an incentive or provide its rationale for objecting to an incentive.
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An Act providing for natural gas workforce safety
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S2151
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SD2390
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T16:33:17.73'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T16:33:17.73'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2151) of Paul W. Mark for legislation to provide for natural gas workforce safety. Telecommunications, Utilities and Energy.
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Section 1E of Chapter 164 of the General Laws shall hereby be amended by striking out said section and replacing it with the following section-:
Section 1E
(a) The department is hereby authorized to promulgate rules and regulations to establish and require performance-based rates for each distribution, transmission, and gas company organized and doing business in the commonwealth pursuant to the provisions of this chapter. In promulgating such performance-based rate schemes, the department shall establish service quality standards for each distribution, transmission, and gas company, including, but not limited to, standards for customer satisfaction service outages, distribution facility upgrades, repairs and maintenance, telephone service, billing service, public safety, occupational safety, training and certifications for both in-house and contractor employees, map and record accuracy, and in-house staffing benchmarks sufficient to ensure pipeline safety through the period of transition to net zero emissions. provided, however, that such service quality standards shall include benchmarks for employee staff levels and employee training programs for each such distribution, transmission, and gas company.
In addition, the department shall require each gas company, as part of performance-based rate making, require each gas company to submit a just transition plan, which must be approved by the department, to address workforce development, maintenance and attrition over the course of the transition to net zero emissions generally, and the PBR period specifically, and provide for the following:
(1). A detailed proposed chronology for transition to net zero emissions energy supply and distribution to be set through performance-based rate making;
(2). Sufficient in-house staffing levels, in each relevant classification, to ensure the safety and reliability of the gas company’s pipeline through the projected transition period;
(3). Training and workforce development plans providing for gas company workforce needs on residual natural gas and electric as well as alternative energy sources, generation and distribution infrastructure utilized by the gas company to replace and/or complement natural gas;
(4). Any and all mitigation measures to address the impacts of transition—e.g., attrition, retrenchment—on the gas company’s workforce over the course of the PBR—including, but not limited to—cross-training and hiring preferences at dual-fuel companies and joint ventures with renewable energy generators/distributors, early retirement incentives;
(5). In the event of the gas company’s anticipated substantial partial or complete cessation of gas operations in Massachusetts during the period in which PBR is effective:
(i) Means by which the gas company, and/or its parent corporation intends to avoid burdening the Commonwealth, its ratepayers, and taxpayers with the social welfare costs resulting from such cessation;
(ii) Measures to ensure the solvency of the LDC pension system during and after transition;
(iii) Measures to stem the displacement of LDC employees attrited as a result of the transition from the Massachusetts energy sector.
Nothing in this section shall prohibit or supplant the LDC’s collective bargaining obligations relative to the National Labor Relations Act.
(b) In complying with the service quality standards and employee benchmarks established pursuant to this section, a distribution, transmission, or gas company that makes a performance based rating filing after the effective date of this act shall not be allowed to engage in labor displacement or reductions below staffing levels in existence on January 1, 2022, unless such are fully compliant with any law supporting a just transition to net zero emissions and part of a collective bargaining agreement or agreements between such company and the applicable organization or organizations representing such workers, or with the approval of the department following an evidentiary hearing at which the burden shall be upon the company to demonstrate that such staffing reductions shall not adversely disrupt service quality standards or public safety and shall maintain reliable service through the transition to net zero emissions as established by the department herein. Nothing in this paragraph shall prevent the reduction of forces below the January 1, 2022 level through early retirement and severances negotiated with labor organizations before said date.
(c) The department shall promulgate regulations relative to an alternative dispute resolution process for the handling of damage claims by customers in an amount under $100. The department shall establish a 60-day timeline for the resolution of all mediation claims. The department shall issue a biannual report to the joint committee on telecommunications, utilities, and energy which shall include, but not be limited to, the following information: the nature of consumer claims, the number of consumer claims and the resolutions of consumer claims reviewed by the department during the previous 6 months. Said report shall be available for public review at the department.”
Section 2. Section 145 of Chapter 164 is hereby amended by striking out said section and replacing it with a new section:
Section 145.
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:--
“Customer”, a retail natural gas customer.
“‘Eligible infrastructure replacement”, a replacement or an improvement of existing infrastructure of a gas company that: (i) is made on or after January 1, 2015; (ii) is designed to improve public safety or infrastructure reliability; (iii) does not increase the revenue of a gas company by connecting an improvement for a principal purpose of serving new customers; (iv) reduces, or has the potential to reduce, lost and unaccounted for natural gas through a reduction in natural gas system leaks; (v) is not included in the current rate base of the gas company as determined in the gas company’s most recent rate proceeding; (vi) may include use of advanced leak repair technology approved by the department to repair an existing leak-prone gas pipe to extend the useful life of the such gas pipe by no less than 10 years; and (vii) may include replacing gas infrastructure with utility-scale non-emitting renewable thermal energy infrastructure.
“Plan”, a targeted infrastructure replacement program construction plan that a gas company files pursuant to subsection (b).
“Project”, an eligible infrastructure replacement project proposed by a gas company in a plan filed under this section.
(b) A gas company shall file with the department a plan to address aging or leaking natural gas infrastructure within the commonwealth and the leak rate on the gas company’s natural gas infrastructure in the interest of public safety and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks. This plan shall include, but not be limited to, provisions to ensure the gas company trains a sufficient, highly skilled, stable workforce to repair and maintain the safety and reliability of its pipeline for the duration of its useful life, until and including its retirement or re-purposing for alternative use. Each company’s gas infrastructure plan shall include interim targets for the department’s review. The department shall review these interim targets to ensure each gas company is meeting the appropriate pace to reduce the leak rate and to replace the gas company’s natural gas infrastructure in a safe and timely manner. The interim targets shall be for periods of not more than 6 years or at the conclusion of 2 complete 3-year walking survey cycles conducted by the gas company. The gas companies shall incorporate these interim targets into timelines for removing all leak-prone infrastructure filed pursuant to subsection (c) and may update them based on overall progress. The department may levy a penalty against any gas company that fails to meet its interim target in an amount up to and including the equivalent of 2.5 percent of such gas company’s transmission and distribution service revenues for the previous calendar year.
(c) Any plan filed with the department shall include, but not be limited to: (i) eligible infrastructure replacement of mains, services, meter sets and other ancillary facilities composed of non-cathodically protected steel, cast iron and wrought iron, prioritized to implement the federal gas distribution pipeline integrity management plan annually submitted to the department and consistent with subpart P of 49 C.F.R. part 192; (ii) an anticipated timeline for the completion of each project; (iii) the estimated cost of each project; (iv) rate change requests; (v) a description of customer costs and benefits under the plan; (vi) the relocations, where practical, of a meter located inside of a structure to the outside of said structure for the purpose of improving public safety; (vii) how the gas company intends to utilize its in-house workforce and outside contractor crews, respectively, to perform construction; (viii) all oversight and quality assurance measures implemented by the gas company on construction during the course of the plan; (ix) all funds to be expended on training for its in-house on the construction and maintenance of its pipeline; (x) any plans for the utilization of pipeline to satisfy the Commonwealth’s net zero emissions goals and aggregated data reflecting the projected impact of the plans on the Commonwealth’s net zero emissions goals; and (xi) any other information the department considers necessary to evaluate the plan.
As part of each plan filed under this section, a gas company shall include a timeline for removing all leak-prone infrastructure on an accelerated basis specifying an annual replacement pace and program end date with a target end date of: (i) not more than 20 years from the filing of a gas company’s initial plan; or (ii) a reasonable target end date considering the allowable recovery cap established pursuant to subsection (f). The department shall not approve a timeline as part of a plan unless the allowable recovery cap established pursuant to subsection (f) provides the gas company with a reasonable opportunity to recover the costs associated with removing all leak-prone infrastructure on the accelerated basis set forth under the timeline utilizing the cost recovery mechanism established pursuant to this section. After filing the initial plan, a gas company shall, at 5-year intervals, provide the department with a summary of its replacement progress to date, a summary of work to be completed during the next 5 years and any similar information the department may require. The department may require a gas company to file an updated long-term timeline as part of a plan if it alters the cap established pursuant to subsection (f).
Section 3. Chapter 164 of the General Laws shall hereby be amended by inserting at the end thereof the following new sections:
Section 149. In this chapter, unless the context otherwise requires, the following words shall have the following meanings:
As used in this legislation, the term “Company” is interchangeable with the term employer and refers to any local distribution company regulated under M.G.L. c. 164 § 3 and distributing natural gas to ratepayers.
As used in this legislation, the term “Dual Fuel Company” refers to Companies who distribute natural gas and one or more other form of energy to commercial, governmental, and/or residential ratepayers.
As used in this legislation, the term “Alternative Energy Company” refers to Companies that generate or distribute forms of energy production and use results in the production of lower carbon emissions than conventional natural gas or electric energy.
As used in this legislation, “Commonwealth” refers to Commonwealth and/or its departments, offices, agencies, political sub-divisions, and quasi-public agencies, including but not limited to quasi-public agencies subject to said chapter 150A by chapter 760 of the acts of 1962 and any quasi-public independent entity and any authority or body politic and corporate established by the general court to serve a public purpose.
Section 150: Every Company shall develop, and periodically amend a comprehensive plan, as set forth in Section 149 to be filed with the Department of Public Utilities, for the hire, retention, and training of a sufficient operations and maintenance workforce through 2050 addressing its plans to meet the Commonwealth’s net zero emissions goals and its plans to fulfill this Chapter’s requirements to provide safe and reliable service as well as all other state and Federal regulatory requirements. Such plan shall be amended bi-annually, beginning July 1, 2024. Each Company plan shall also provide projections for any attrition among its in-house workforce and the utilization of outside contractors over both the biannual period and over the course of the transition to net zero emissions.
Dual Fuel Companies must additionally provide, as part of their biannual plan, all provisions, opportunities, and initiatives to provide training and employment opportunities to workers who may be displaced by the Company’s compliance with the Commonwealth’s net zero emissions goals.
The Department shall when initiated sua sponte or by motion of the Attorney General, initiate an investigation to determine the sufficiency of the Company’s plan with regard to meeting the Commonwealth’s net zero emission requirements and Chapter 164’s reliability, safety, and staffing requirements. Such plans, and all backup data upon which the plans are based, shall be subject to disclosure to all intervening stakeholders during the investigation.
Section 151. The Executive Office of Energy and Environmental Affairs and the Executive Office of Labor and Workforce Development shall, joint and in collaboration, administer programs, provide technical assistance, and develop regulations for a training fund to support the establishment of apprenticeship programs to train Company employees on alternative energy generation and distribution and raise the next generation of energy industry workers in the Commonwealth.
Grants from the fund may be provided to Gas and Dual Fuel Companies for the development and execution of training of their workforces on a competitive basis, based upon a number of factors, including, but not limited to, the Company’s demonstrated commitments to (1) retaining and repurposing its highly skilled in-house gas workforce on a dual fuel or alternative energy businesses, (2) maintaining high quality, longterm in-house employment opportunities in energy distribution. Labor organizations representing Gas Company workers and Dual Fuel Company workers may also apply for funding.
Alternative energy companies, including both generating or distributing companies, may also apply for training grants from this fund to defray the cost of hiring and training workers displaced by the Commonwealth’s efforts to meet its net zero emissions goals. To qualify, alternative energy companies must demonstrate that (1) they are developing and executing plans for hiring, training, and retention that include a demonstrated commitment to training and hiring gas company employees and other workers displaced by the Commonwealth’s transition to net zero emissions, (2) they have or are in the process of developing robust in-house training programs in the Commonwealth on alternative energy, and (3) their commitment to the creation and maintenance of high quality, sustainable employment opportunities for displaced workers.
Section 152. Per Capita Tax Credits for Dual Fuel and Alternative Energy Companies Providing Suitable Employment to adversely affected workers.
Dual and alternative energy companies providing suitable employment in a comparable occupation to adversely affected workers shall be eligible for tax credits on a per capita basis based on the employment census over the course of the tax year. Such credits shall be established, after rulemaking, by the Executive Office of Labor and Workforce Development and the Department of Revenue no later than January 1, 2025.”
Section 4. Chapter 149 as appearing in the 2016 Official Edition of the General Laws is hereby amended by inserting a new section:
Section 27J. All construction, reconstruction, installation, alteration, or repair on natural gas utilities distribution infrastructure, including, but not limited to, pipelines, mains, and services: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by Gas Company employees, shall be performed and procured under this section of chapter 149.
No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to pipeline construction, reconstruction, installation, alteration or repair work by a gas distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.
Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the gas local distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six (6) months.
Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
Section 5. Section 151A Chapter 149 as appearing in the 2016 Official Edition of the General Laws is hereby amended by inserting a new Section at the end thereof:
Section 75. For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:--
“Adversely affected employment,” employment with an employer providing labor, goods, and/or services facilitating the generation, distribution, or transmission of energy from fossil fuels, including but not limited to the distribution of natural gas, which may be or are adversely affected by the Commonwealth’s efforts to realize its net zero emissions goals.
“Adversely affected worker,” an individual who, because of lack of work in adversely affected employment, has been totally or partially separated from such employment, or has been threatened to be totally or partially separated from such employment.
“Adjustment assistance,” any compensation, credit, benefit, funding, training, or service provided under this Section.
“Suitable employment,” at a wage that is not less than 90 percent of the wage the worker received on the day before any partial or total separation.
“Applicable employer,”
an employer engaged in the generation, distribution/transmission of energy from fossil fuels (“fossil fuel employer”);
an employer engaged in the generation, distribution, or transmission of fossil fuel energy that also, either as a secondary component of its business or by corporate affiliation, generates, distributes, or transmits another form of energy (“dual fuel employer”); distribute natural gas and one or more other form of energy to commercial, governmental, and/or residential ratepayers or,
an employer providing labor, goods, and/or services in or to the renewable energy industry (“alternative energy employer”).
“Partial separation,” with respect to an individual who has not been totally separated, that such individual has experienced—
(i) a reduction in hours of work to 80 percent or less of the individual's average weekly hours in adversely affected employment; and
(ii) a reduction in wages to 80 percent or less of the individual's average weekly wage in such adversely affected employment.
“Threatened,” an individual who is aware of imminent total or partial separation from employment with an applicable firm or with a company with which the applicable firm is contracted to provide goods or services.
“Total separation,” the layoff or severance of an adversely affected worker.”
Section 6. Section 151A Chapter 149 as appearing in the 2016 Official Edition of the General Laws is hereby amended by inserting the following new sections at the end thereof:
Section 76. In general DUA shall make payments of temporary additional unemployment compensation for up to 104 additional weeks to adversely affected workers who have been totally separated:
have exhausted all rights to regular unemployment compensation under the State law or under Federal law with respect to a benefit year;
have no rights to regular compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; and
are able to work, available to work, and actively seeking work.
Exhaustion of benefits
For purposes of paragraph (1), an adversely affected individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when—
(i) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or
(ii) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed.
(3) Weekly benefit amount.
In general, subject to paragraph, for purposes of any agreement under this section—
the amount of temporary additional unemployment compensation that shall be payable to any applicable individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment;
the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof (including terms and conditions relating to availability for work, active search for work, and refusal to accept work) shall apply to claims for temporary additional unemployment compensation and the payment thereof; and
the maximum amount of temporary additional unemployment compensation payable to any applicable individual is 156 weeks.
Section 77. Each applicable employer, as defined in Section 76 shall make contributions as established by the Department of Unemployment Assistance, pursuant to its enabling authority under Chapter 151A, into a newly established Clean Energy Just Transition Unemployment Trust Fund to cover the cost of these benefits. The Department shall establish contribution rates and schedules as well as all relevant regulations for the Just Transition Trust Fund to ensure that it is fully funded and may be utilized by all adversely affected employees who are terminated no later than January 1, 2025. The Department may also use funding from the Trust Fund to establish programs and benefits for adversely affected workers to assist them in obtaining training and replacement employment opportunities and to cover health insurance.
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An Act relative to smart meters
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S2152
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SD1508
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:14:19.827'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:14:19.8266667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-01T15:43:19.2966667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T12:01:55.64'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-15T12:57:18.1633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-12T13:39:48.42'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-14T14:54:34.3866667'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 2152) of Michael O. Moore, James C. Arena-DeRosa, Estela A. Reyes and Ryan M. Hamilton for legislation relative to utility meters and the rights of utility ratepayers. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 116B the following section:-
SECTION 116C: Smart/wireless utility meter information
a) As used in this section, the following terms shall have the following meanings:
(1) “Electromechanical analog meter”, means a purely electric and mechanical device, using no electronic components, no switch mode power supply, no transmitter, no antenna, and no radio frequency emissions.
(2) “Utility company”, shall mean an electric, gas, or water company, or town or city-owned utility or other utility provider.
(3) “Wireless meter” shall mean: Any transmitting metering device with electronic components and/or any electric or battery operated meter that is capable of measuring, recording, and sending data by means of a wireless signal from a utility consumer or member to a utility company, municipality, or cooperative association in a manner utilizing one-way communication, two-way communication, or a combination of one-way and two-way communication either through the meter itself or through a device ancillary to the meter. Common names include, but are not limited to, AMR, ERT, smart, AMI, and Comprehensive Advanced Metering Plan CAMP.
(4) “Equivalent technology” shall mean utility infrastructure that communicates data using wireless frequencies, but which may be undisclosed due to proprietary rights.
b) The department of public utilities shall direct utility companies to provide ratepayers the following:
(1) a choice of the type of utility meters to be installed and operated on their places of residence, property or business; among the choices offered shall be the installation and ongoing operation of an "electromechanical analog meter"; and
(2) the ability to retain and operate an “electromechanical analog meter” on an ongoing basis at no cost; and
(3) the right to replacement of a wireless meter with a non-transmitting electromechanical meter at no cost.
c) The utility companies shall be required to obtain the ratepayer’s written consent:
(1) before installing wireless meters or "equivalent technology" on the ratepayer’s property and
(2) before altering the functionality of said meters.
d) The utility companies shall provide written notice to ratepayers within 90 days of the effective date of this act for the purpose of informing said ratepayers if wireless meters have been installed on their properties. Ratepayers shall have the right to request that the utility companies remove said wireless meters and install in their place electromechanical analog meters that emit no radiofrequency electromagnetic radiation. There shall be no cost or other periodic usage charges to the ratepayer for such removal, replacement installation, and use of a non-wireless utility meter. The utility company shall promptly comply with such removal and replacement installation request made by the ratepayer to said company.
e) Utility companies are:
(1) prohibited from shutting off service to a ratepayer based on the ratepayer’s utility usage or on the ratepayer having electromechanical analog meters;
(2) prohibited from imposing any disincentive on a ratepayer for not consenting to the installation or use of wireless meters;
(3) required to notify ratepayers in writing that the installation and use of wireless meters are not mandated by state or federal law and are not permitted without the ratepayer’s consent;
(4) prohibited from discriminating against ratepayers who may have medical conditions that are exacerbated by exposures to pulsed microwave radio frequencies; and
(5) prohibited from installing "equivalent technology", such as direct wireless connection to devices in the home or business, on poles or in any other manner near the home or business of an individual requesting a non-transmitting meter.
f) The department of public utilities shall establish terms and conditions to comply with the requirements of this section.
g) This section shall take effect upon its passage.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to maintain public health, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
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An Act relative to transparency in private utility construction contracts
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S2153
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SD1524
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:57:46.227'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:57:46.2266667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-30T12:53:53.85'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-30T12:53:53.85'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-30T12:55:02.1466667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-30T16:55:05.92'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T16:55:05.92'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T16:55:05.92'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-30T16:55:05.92'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:18:40.32'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-31T10:18:40.32'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-01T15:42:52.6433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-01T15:42:52.6433333'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-08T11:57:49.4166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T11:57:49.4166667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T11:57:49.4166667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-15T12:56:14.3733333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-15T12:56:14.3733333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-15T12:56:14.3733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T11:37:04.55'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T11:37:04.55'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-27T10:31:43.36'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-02T15:25:48.4266667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-08T11:28:09.77'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-09T16:08:21.9533333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-12T13:40:29.9533333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-01T14:06:43.59'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-08-17T10:06:47.6566667'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 2153) of Michael O. Moore, Rodney M. Elliott, Mathew J. Muratore, Adam Scanlon and other members of the General Court for legislation relative to transparency in private utility construction contracts. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 76D the following section:-
Section 76E. (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-
“Company”, a gas or distribution company.
“Contract”, any agreement for the procurement of services specified under subsection (b), regardless of what the parties call the agreement.
“Responsible bidder”, a person who has the capability to perform fully the contract requirements, and the integrity and reliability which assures good faith performance.
“Score”, the quantitative or qualitative rating or method utilized by the company to award a contract
(b) When entering into a contract in the amount of $100,000 or more for services related to the excavation or construction upon, along, under, or across any public way, each company shall be subject to this section.
(c) A company shall (1) within two business days after the decision has been made, inform any responsible bidder which submitted a bid of its decision in relation to the award of a contract, and shall do so by notice in writing by the most rapid means of communication possible; and (2) post the winning bid on its website with (i) the name of the contractor, (ii) winning amount, (iii) location of project.
(d) The written notice to each responsible bidder shall include (1) the criteria for the award of the contract; and (2) the score obtained by the responsible bidder.
(e) Where there is only one response to a solicitation, a company need not comply with this section.
(f) A company may withhold any information to be provided in accordance with the section where the disclosure of such information (1) would impede law enforcement, (2) would otherwise be contrary to the public interest, (3) would prejudice the legitimate commercial interests of any responsible bidder; or (4) might interfere with competition between responsible bidders.
(g) The department shall be responsible for enforcing this section, and may promulgate regulations and issue orders it deems in the public interest regarding the procurement practices of companies.
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Resolve establishing a commission to study energy rate procurement related to investor-owned utilities and consumer relief
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S2154
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SD1882
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T12:43:03.403'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T12:43:03.4033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T12:46:42.5533333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T16:42:12.1666667'}]
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Resolve
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By Mr. Moore, a petition (accompanied by resolve, Senate, No. 2154) of Michael O. Moore that provisions be made for an investigation and study by a special commission (including members of the General Court) to study energy rate procurement related to investor-owned utilities and consumer relief. Telecommunications, Utilities and Energy.
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Resolved, there shall be a commission to study, examine, make recommendations and draft legislation relative to (1) energy rate procurement by investor-owned utilities within the commonwealth; and (2) methods to provide relief to residents of the commonwealth from substantial energy rate increases.
The commission shall consist of: the chairs of the joint committee on telecommunications, utilities and energy, who shall serve as co-chairs of the commission; 4 members appointed by the governor, 3 of whom shall reside in the eastern, central and western regions of the commonwealth, respectively, and 1 of whom shall be an employee of a municipality that operates a municipal-owned utility; the chair of the department of public utilities or a designee; the commissioner of the department of energy resources or a designee; the attorney general or a designee; 1 member appointed by Eversource Energy, 1 member appointed by National Grid; 1 member appointed by Unitil; and 1 member appointed by the National Consumer Law Center.
The commission shall study and draft legislation to improve applicable statutes, regulations and policies related to energy rate procurement by investor-owned utilities within the commonwealth.
The commission shall study and draft legislation to establish an emergency interest-free payment plan program for residents of the commonwealth who receive service through an investor-owned utility. The program shall afford such residents of the commonwealth with the ability to defer applicable utility payments for the duration of the emergency period, without incurring interest or fees, when an emergency has led to substantially higher energy rates in the commonwealth.
The legislation shall include, but shall not be limited to, (1) emergency activation triggers or thresholds, including but not limited to, economic, geopolitical or environmental factors; (2) eligibility for both low-income and middle-income residents of the commonwealth; and (3) program termination procedures following the conclusion of the emergency situation, including notice to residents utilizing the program and a repayment timeframe.
The commission shall file its recommendations and draft legislation with the clerks of the senate and the house or representatives not later than one year after the effective date of this resolve.
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An Act analyzing the benefits of burying utility wires
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S2155
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SD1693
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:52:53.47'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:52:53.47'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2155) of Susan L. Moran for legislation to analyze the benefits of burying utility wires. Telecommunications, Utilities and Energy.
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SECTION 1. There shall be a commission to study the potential net benefits of undergrounding utility wires in the commonwealth.
The commission shall be comprised of the following members: the secretary of energy and environmental affairs or a designee, the secretary of administration and finance or a designee, the secretary of housing and economic development or a designee, the secretary of public safety and security or a designee, the director of the department of public utilities, the director of the department of energy resources, a representative from Eversource, a representative from National Grid, a representative from the Massachusetts Municipal Association, a member appointed by the speaker of the house, and a member appointed by the president of the senate.
The commission shall conduct a study that compares the total cost of undergrounding utility lines in different regions within the commonwealth and statewide with the societal cost due to natural disasters or potential loss of power that may occur due to taking no further action to underground utility lines.
For the purposes of the study, the following words shall have the following definitions:
“Societal cost”, the total direct or indirect financial or abstract cost of a certain action or lack thereof to a community, region, or state, including:
(a) loss of gross domestic product;
(b) loss of potential future gross domestic product due to decline in tourism or any other cause;
(c) cost increases for utility customers;
(d) costs due to mandatory or encouraged utility rationing for utility customers;
(e) costs incurred from safety hazards or concerns;
(f) costs to property owners or renters, businesses, or any other persons or entities;
(g) costs incurred from inhibition of internet service; and
(h) any other costs which the commission identifies.
“Utility distribution lines”, any cables, poles, or other infrastructure used to distribute electricity, internet service, cable service, or other utility service between a substation and any residential properties.
“Utility transmission lines”, any cables, poles, or other infrastructure used to distribute electricity, internet service, cable service, or other utility service between a generation plant and a substation or substations.
The study shall analyze the following, and estimate only where the cost is unknown:
The cost of undergrounding all utility distribution lines within the commonwealth;
The cost of undergrounding all utility distribution lines within the following regions of the commonwealth:
The South Shore;
Cape Cod;
Western Massachusetts; and
Any other region that the agencies conducting the study designate;
The cost of undergrounding all utility transmission lines within the commonwealth;
The cost of undergrounding all utility transmission lines within the following regions of the commonwealth:
The South Shore;
Cape Cod;
Western Massachusetts; and
Any other region that the agencies conducting the study designate;
The potential safety concerns, and total future societal cost to the commonwealth and its citizens and businesses, of taking no further action to underground any or all utility distribution lines within the commonwealth;
The potential safety concerns, and total future societal cost to the commonwealth and its citizens and businesses of taking no further action to underground any or all utility distribution lines within the following regions of the commonwealth:
The South Shore;
Cape Cod;
Western Massachusetts; and
Any other region that the agencies conducting the study designate;
The potential safety concerns, and total future societal cost to the commonwealth and its citizens and businesses of taking no further action to underground any and all utility transmission lines within the commonwealth; and
The potential safety concerns, and total future societal cost to the commonwealth and its citizens and businesses of taking no further action to underground any and all utility transmission lines within the following regions of the commonwealth:
The South Shore;
Cape Cod;
Western Massachusetts; and
Any other region that the agencies conducting the study designate.
The study shall divide all costs analyzed in the study by responsibility, including, but not limited to: state costs, municipal costs, and others. The study shall divide all costs analyzed in the study into the total cost, and into cost time periods, based on when the cost will be realized by the responsible entity. The time periods shall be 10, 25, and 50 years from the date of the study’s completion.
SECTION 2. Notwithstanding any general or special law to the contrary, the department of public utilities shall promulgate regulations to require utility companies with utility distribution or transmission lines in the commonwealth to establish a ranking system for their utility lines that measures the prudence of undergrounding each utility line. The regulations shall allow utility companies in the commonwealth to group utility lines together for the purpose of ranking, provided, however, that the smallest designated group of utility lines shall not be larger than the municipality in which the utility lines are located.
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An Act relative to recycling nips
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S2156
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SD1746
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:10:06.757'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:10:06.7566667'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2156) of Susan L. Moran for legislation relative to recycling nips. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 321 by striking the definitions of “Beverage” and “Beverage Container”, inclusive, and inserting in place thereof the following definitions:-
"Beverage", any drinkable liquid intended for human oral consumption. This definition shall not include nutritive drinks including milk (as defined in FDA 21 CFR 131.110), milk substitutes, non-alcoholic fermented drinks and/or non-carbonated fruit juice made by producers who sell less than 100,000 units a year, any drug regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), infant formula, or a meal replacement liquid.
“Beverage Container”, any prepackaged container made of any material, including glass, plastic, metal, or multi-material, the volume of which is not more than 102 ounces. This definition shall not include beverage container packaging that is a carton, a pouch, or aseptic packaging.
SECTION 2. Said chapter 94, as so appearing, is hereby further amended in section 321 by adding, after the definition of “Label”, the following definition:-
“Nip”, a 50 milliliter disposable beverage container usually sold containing an alcoholic beverage.
SECTION 3. Said chapter 94, as so appearing, is hereby further amended in section 322 by inserting, after the word “cents”, the following words:- “provided, however, that a nip, as defined in section 321 of this chapter, shall have a refund value of 10 cents.”
SECTION 4. Said chapter 94, as so appearing, is hereby further amended in section 323, in paragraph (b), by inserting after “returned.”, the following sentence:- “A redemption center or reverse vending machine is not obligated to count containers or to pay a cash refund at the time the beverage container is returned as long as the amount of the refund value due is placed into an account to be held for the benefit of the consumer and funded in a manner that allows the consumer to obtain deposits due within 2 business days of the time of the return.”
SECTION 5. Said chapter 94, as so appearing, is hereby further amended in section 325, paragraph (b), by striking out the words “not less than five cents is available on each beverage container purchased and where and from whom that refund may be obtained” and inserting in place thereof the following words:- “10 cents on nips and 5 cents for all other beverage containers is available and where and from whom those refunds may be obtained”.
SECTION 6. Said chapter 94, as so appearing, is hereby further amended in section 326, in the first paragraph, by inserting after “sections” the following:- “and shall review handling fees within one year of the effective date of this act, and every four years thereafter.”
SECTION 7. This Act shall take effect one year from its date of passage.
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An Act repurposing the commonwealth's power plants to a clean energy future
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S2157
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SD1756
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:15:48.9'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:15:48.9'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2157) of Susan L. Moran for legislation to repurpose the commonwealth's power plants to a clean energy future. Telecommunications, Utilities and Energy.
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The department of public utilities, in consultation with the department of energy resources, shall study the potential repurposing of decommissioned or inactive power plants within the commonwealth.
The study shall examine all inactive or decommissioned power plants within the commonwealth, including any power plants in the process of become inactive or decommissioned.
The study shall examine the potential uses for repurposing of said power plants including, but not limited to:
(a) transitioning to become a fusion energy power plant; and
(b) transitioning to use for energy storage as a battery power plant.
The department of public utilities shall submit the results of the study to the clerks of the senate and house of representatives by December 1, 2024.
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An Act relative to air monitoring stations
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S2158
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SD470
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:05:46.907'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:05:46.9066667'}, {'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-04-03T13:54:31.4066667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2158) of Patrick M. O'Connor for legislation relative to air monitoring stations. Telecommunications, Utilities and Energy.
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Chapter 111 of the General Laws as so appearing, is hereby amended by adding the following new section:-
Section 142P. There shall be at least one Air Monitoring Station within a one-mile radius of any working natural gas compressor station to collect data and verify compliance with the National Ambient Air Quality Standards. Construction and maintenance of Air Monitoring Stations shall be funded through the building permit paid for by the operating energy corporation to the state Department of Environmental Protection. Personnel shall be staffed through the state Department of Environmental Protection to collect data on a weekly basis, varying between morning and evening collection times.
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An Act relative to solar-powered mobility networks
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S2159
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SD471
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:11:35.907'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:11:35.9066667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2159) of Patrick M. O'Connor for legislation relative to solar-powered mobility networks. Telecommunications, Utilities and Energy.
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SECTION 1. The Executive Office of Energy and Environmental Affairs shall regulate solar-powered mobility networks to encourage the shift from an oil-powered to sustainable economy. If no commercial enterprise are approved to build such networks within 6 months, the executive office shall conduct one or more pilot networks. Commercial and pilot networks shall be granted non exclusive access to rights-of-way if the networks:
(i) are privately-funded construction;
(ii) are privately operated without government subsidies;
(iii) exceed 120 passenger miles per gallon (5 times the efficiency on existing roads) or equivalent energy efficiency;
(iv) exceed safety performance of transportation modes already approved for use; and
(v) that are above ground gather more than 2 megawatt-hours of renewable energy per network mile per typical day.
SECTION 2. The executive office of energy and environmental affairs shall promulgate regulations for solar and renewable energy mobility networks based on the following criteria:
(i) system design, fabrication, installation, safety, insurance and inspection practices consistent with the American Society for Testing and Materials International Committee F24 on Amusement Rides and Devices;
(ii) environmental approvals shall be granted to networks exceeding 5 times the efficiency of existing roads as measured in energy per passenger-mile, and
(iii) networks access may be rejected in writing for other reasons; and
(iv) provided, taxes and fees assessed on solar and renewable energy mobility network providers, passengers and cargo shall be limited to 5 percent of the gross revenues and shall be paid to the aggregate rights-of-way holders by the solar or renewable energy mobility network provider.
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An Act relative to horse riding instructors
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S216
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SD933
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-18T16:56:26.27'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-18T16:56:26.27'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-04-13T10:17:23.75'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S216/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 216) of Bruce E. Tarr for legislation relative to horse riding instructors. Consumer Protection and Professional Licensure.
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SECTION 1. Section 2A of chapter 128 of the general laws is hereby repealed
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An Act relative to the impact of natural gas transfer facilities on public health
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S2160
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SD472
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:14:28.213'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:14:28.2133333'}, {'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-04-03T13:54:39.24'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2160) of Patrick M. O'Connor for legislation relative to the impact of natural gas transfer facilities on public health. Telecommunications, Utilities and Energy.
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SECTION 1. There is hereby established a moratorium of the issuance of permits for the hydraulic fracturing of natural gas within the legal boundaries of the Commonwealth.
SECTION 2. (a) A school of public health within the state university of Massachusetts shall conduct a comprehensive health impact assessment following a model recommended by the centers for disease control and prevention to examine potential public health impacts that could be caused by the extraction or transportation or compression of natural gas. For the purposes of this act, health impact assessment shall mean a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population.
(b) Prior to the commencement of such assessment, the school of public health conducting such assessment shall prepare a scoping document that will establish the parameters of the health impact assessment. The scoping document shall include the analyses contained in this act, as well as any other potential analyses to be conducted, and shall be subject to public review, comment and revision.
SECTION 3. The comprehensive health impact assessment shall be submitted, along with any recommendations or drafts of legislation, to the clerks of the House of Representatives and the Senate, the chairs of the joint committee on mental health and substance abuse not later than December 1, 2024.
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An Act providing solar energy to state agencies
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S2161
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SD1062
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:06:01.563'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:06:01.5633333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:16:07.99'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2161) of Patrick M. O'Connor for legislation to provide solar energy to state agencies. Telecommunications, Utilities and Energy.
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Chapter 7C of the General Laws is hereby amended by inserting after section 29 the following section:-
Section 29A. (a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:-
“Effective solar area,” the portion of a building roof on which the output from a solar energy system, taking into account shading from existing permanent natural or manmade barriers external to the building (including but not limited to trees, hills, and adjacent structures), would be equivalent to 70 percent or greater of the output of an unshaded solar energy system on an annual basis.
“Solar energy system”, any system that uses solar energy to provide all or a portion of the electrical needs of a building.
“Substitute renewable energy system”, any system that uses renewable energy resources other than solar energy to provide for all or a portion of the electrical needs of a building; provided, that a renewable energy system shall use a technology eligible for the renewable portfolio standard under subsection (c) of section 11F of chapter 25A of the General Laws.
(b) Beginning on January 1, 2024, the commissioner shall require a state agency that initiates the construction of a new facility owned or operated by the commonwealth or a renovation of an existing facility owned or operated by the commonwealth when the renovation costs exceed $25,000 and includes the replacement of systems, components or other building elements which affect energy consumption to install a solar energy system on or near the facility.
(c) If the effective solar area is sufficiently large, the solar energy system shall produce enough electricity on an annual basis to meet 100 percent of the projected annual electricity demand of the building.
(d) If the effective solar area is insufficient to meet 100 percent of the building’s projected annual electricity demand, the state agency shall either (1) install a solar energy system occupying as much of the effective solar area as possible, or (2) install a ground-mounted solar energy system, provided that the installation of a ground-mounted solar energy system does not cause an unacceptable negative impact to the commonwealth’s natural or historic resources, and provided that the solar energy system shall be sized to meet 100 percent of the building’s projected annual electricity demand or the maximum possible given the available space.
(e) An agency may seek an exemption from the requirements of this section if the effective solar area is less than 80 contiguous square feet and there is no suitable location for a ground-mounted solar energy system.
(f) An agency may seek an exemption from the requirements of this section if a substitute renewable energy system will be installed at the time of construction meeting 100 percent of the building’s projected annual electricity demand, or producing an equivalent amount of electricity on an annual basis as the largest solar energy facility possible under subsection (d) of this section. An agency may seek a reduction in the required size of a solar energy system upon a sufficient showing that a substitute renewable energy system will be installed at the time of construction, producing sufficient electricity on an annual basis to offset the reduction in electricity produced by the solar energy system.
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An Act relative to anaerobic digestion
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S2162
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SD1388
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:25:55.313'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:25:55.3133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2162/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2162) of Patrick M. O'Connor for legislation relative to anaerobic digestion. Telecommunications, Utilities and Energy.
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SECTION 1. Section 11F of Chapter 25A of the General Laws, as amended by Chapter 188 of the Acts of 2016, is hereby further amended by adding the following subsection:
(j) The department shall adopt regulations that provide that 25 megawatts of electric energy renewable generating sources that qualify as Class I under subsection (c)(7) by utilizing anaerobic digestion technology with by-products or waste from agricultural crops, food or animals and located on land used for agriculture, as defined under section 1A of chapter 128, shall count double with respect to the minimum percentage calculated under subsection (a).
SECTION 2. Subsection (i) of Section 139 of Chapter 164 of the General Laws, as amended by Chapter 75 of the Acts of 2016, is hereby further amended by adding the following sentence: An agricultural net metering facility utilizing anaerobic digestion technology or an anaerobic digestion net metering facility shall be exempt from aggregate net metering capacity caps under subsection (f), and may net meter and accrue Class I, II, or III net metering credits, provided further that only the first 25 megawatts in aggregate generated by any such facilities shall be exempt from said net metering caps under subsection (f).
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An Act prohibiting public and ratepayer funding of clearcutting forests and woodlands
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S2163
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SD323
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T13:04:47.353'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T13:04:47.3533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2163/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2163) of Jacob R. Oliveira for legislation to prohibit public and ratepayer funding of clearcutting forests and woodlands. Telecommunications, Utilities and Energy.
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SECTION 1. Notwithstanding any general or special law to the contrary, the department of energy resources and department of public utilities shall amend any rules, regulations, and tariffs pursuant to section 11 of chapter 75 of the acts of 2016 or successor statute to prohibit from qualification any solar facility, including any solar energy generating source, that (1) has not received a statement of qualification, or similar official notice of approval, from the department prior to January 1, 2023 and (2) is greater than or equal to nameplate capacity of 500kW if such facility meets any of the following criteria:
(i) is located on a parcel that includes priority habitat as delineated by the division of fisheries and wildlife under chapter 131A.
(ii) is location on an area of critical environmental concern as designated by the secretary of energy and environmental affairs.
(iii) is located on forest land as defined in section 2 of chapter 61 of the general laws.
SECTION 2. A prohibition established in Section 1 shall not apply to facilities located on a brownfield or on eligible landfills as determined by the commissioner of the department of energy resources; nor shall such prohibition apply to building mounted facilities or facilities sited upon previously developed land.
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An Act allowing municipalities to reasonably regulate solar siting
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S2164
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SD727
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T23:04:33.753'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T23:04:33.7533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-17T15:08:14.07'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2164/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2164) of Jacob R. Oliveira and Joanne M. Comerford for legislation relative to allow municipalities to reasonably regulate solar siting. Telecommunications, Utilities and Energy.
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Section 3 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the ninth paragraph, in lines 123 to 126, inclusive, and inserting in place thereof the following paragraph:-
No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy for residential purposes except where necessary to protect the public health, safety or welfare. Commercial, governmental, and non-residential solar energy structures and systems may be reasonably regulated for purposes of (i) protecting public health, safety and welfare; (ii) preserving forested lands, agricultural lands, or wetlands; or (iii) ensuring compatibility with municipal zoning.
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An Act relative to pipeline siting
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S2165
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SD1701
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:31:36.683'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:31:36.6833333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-30T10:49:15.4733333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:34:40.06'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2165/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2165) of Marc R. Pacheco and Michelle M. DuBois for legislation relative to pipeline siting. Telecommunications, Utilities and Energy.
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Section 94A of chapter 164 of the General Laws is amended by inserting, at the end thereof, the following paragraph:-
The department shall not approve any pipeline capacity contract or gas storage contract where new capacity is proposed to be created through the installation of gas infrastructure in land that, at the time the contract is submitted to the department for approval, is protected under Article 97 of the Articles of Amendments to the Constitution of the Commonwealth. Subsequent siting approvals of gas infrastructure in such constitutionally protected land shall void departmental approval of related pipeline capacity or gas storage contracts.
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An Act relative to local energy investment and infrastructure modernization
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S2166
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SD1706
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:37:44.407'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:37:44.4066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-27T12:32:15.9933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:32:15.9933333'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2166) of Marc R. Pacheco for legislation relative to local energy investment and infrastructure modernization. Telecommunications, Utilities and Energy.
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SECTION 1: Chapter 164 of the General Laws is hereby amended by inserting after section 145, as appearing in the 2022 Official Edition, the following section:
Section 146:
(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
(1) “Local energy resources,” distributed renewable generation facilities, energy efficiency, energy storage, electric vehicles, and demand response and load management technologies.
(2) ”Distributed renewable generation facility,” a facility producing electrical energy from any source that qualifies as a renewable energy generating source under section 11F of chapter 25A and is interconnected to a distribution company.
(3) “Board,” the Grid Modernization Consumer Board.
(b) The Department shall issue an order concluding the current Grid Modernization Proceedings (D.P.U. 15-120, 15-121 and 15-122) by December 31, 2023.
(c) The Department shall commence a proceeding by no later than January 31, 2024 that establishes procedures for each distribution company of the commonwealth to create and file with the Department by October 31, 2025 its subsequent Grid Modernization Plan, as described in further detail in subsection (d).
(1) This proceeding shall also establish specific metrics and related performance incentives to evaluate the progress of the distribution companies toward establishing a grid planning system to utilize and integrate local energy resources to meet customers’ energy needs. Said metrics may include, but are not limited to: reducing the impact of outages, optimizing demand, integrating local energy resources, improving workforce and asset management, and electrification that results in lower greenhouse gas emissions and energy costs savings, after accounting for fuel switching;
(2) This proceeding shall also create protections for low-income consumers including, but not limited to, remote shutoff protection and exemption from special cost recovery mechanisms.
(d) Every 5 years, on or before April 1, each electric distribution company shall prepare a Grid Modernization Plan. Each plan shall comply with the requirements set forth by the Department in the proceeding described in subsection (c), or as modified by the Department, and shall be prepared in coordination with the Grid Modernization Consumer Board established by subsection (g). Each plan shall:
(1) Evaluate locational benefits and costs of local energy resources currently located on the system, and identify optimal locations for local energy resources over the next 10 years. This evaluation shall be based on reductions or increases in local generation capacity and demand, avoided or increased investments in transmission and distribution infrastructure, safety benefits, reliability benefits, and any other savings the local energy resources provide to the electric grid or avoided costs to ratepayers;
(2) Provide information about the interconnection of distributed renewable generation facilities in publicly accessible hosting capacity maps that are updated on a continual basis;
(3) Propose or identify locational based incentives and other mechanisms for the deployment of cost-effective local energy resources that satisfy planning objectives;
(4) Propose cost-effective methods of effectively coordinating existing programs, incentives, and tariffs to maximize the locational benefits and minimize the incremental costs of local energy resources;
(5) Identify any additional spending by the distribution company necessary to integrate cost-effective local energy resources into distribution planning consistent with the goal of yielding net benefits to ratepayers;
(6) Identify any additional barriers to the deployment of local energy resources;
(e) Any distribution infrastructure necessary to accomplish the Grid Modernization Plan is eligible for pre-authorization by the Department, through a review of the company’s proposed investments and cost estimates, as supported by the business case.
(f) Each Grid Modernization Plan prepared under subsection (d) shall be submitted for approval and comment by the Grid Modernization Consumer Board every 5 years, on or before April 1.
(1) The electric distribution companies shall provide any additional information requested by the Board that is relevant to the consideration of the Plan. The Board shall review the plan and any additional information and submit its approval or comments to the electric distribution companies not later than 3 months after the submission of the plan. The electric distribution companies may make any changes or revisions to reflect the input of the Board.
(2) The electric distribution companies shall submit their plans, together with the Board’s approval or comments and a statement of any unresolved issues, to the Department every 5 years, on or before October 31. The Department shall consider the plans and shall provide an opportunity for interested parties to be heard in a public hearing.
(3) Not later than 180 days after submission of a plan, the Department shall issue a decision on the plan which ensures that the electric distribution companies have satisfied the criteria set forth by the Department and shall approve, modify and approve, or reject and require the resubmission of the plan accordingly.
(4) Each Grid Modernization Plan shall be in effect for 5 years.
(g) There shall be a Grid Modernization Consumer Board to consist of the commissioner of the department of energy resources, who shall serve as chair, and 7members including the attorney general, or his designee, the commissioner of the department of environmental protection, or his designee, and additional members appointed by the Department: 1 shall be a representative of residential consumers, 1 shall be a representative of low-income consumers, 1 shall be a representative of the environmental community, 1 shall be a representative of the clean energy technology industry, and 1 shall be a representative of businesses, including large C& I end users. Interested parties shall apply to the Department for designation. Members shall serve for terms of 6 years and may be reappointed. There shall be 1 non-voting ex-officio member from each of the electric distribution companies.
(1) The Board shall, as part of the approval process by the Department outlined in subsection (f), seek to maximize net economic benefits through use of distributed energy resources and achieve transmission, reliability, climate and environmental goals. The Board shall review and approve Grid Modernization Plans and budgets, and work with electric distribution companies in preparing resource assessments. Approval of Grid Modernization Plans and budgets shall require a two-thirds majority vote.
(2) The Board may retain expert consultants, provided, however that such consultants shall not have any contractual relationship with an electric distribution company doing business in the commonwealth or any affiliate of such company. The Board shall annually submit to the Department a proposal regarding the level of funding required for the retention of expert consultants and reasonable administrative costs. The proposal shall be approved by the Department either as submitted or as modified by the Department. The Department shall allocate funds sufficient for these purposes from the Grid Modernization Plan budgets.
(3) The electric distribution companies shall provide quarterly reports to the Board on the implementation of their respective plans. The reports shall include a description of progress in implementing the plan, an evaluation of the metrics identified by the Department in the proceeding described in subsection (c), and such other information or data as the Board shall determine. The Board shall provide an annual report to the department and the joint committee on telecommunications, utilities and energy on the implementation of the plan which includes descriptions of the programs, investments, cost-effectiveness, and savings and benefits during the previous year.
SECTION 2: Section 69G of chapter 164, as appearing in the 2018 Official Edition, is hereby amended by inserting the following definition after “department”:
“Distributed Renewable Generation Facility”, a facility producing electrical energy from any source that qualifies as a renewable energy generating source under section 11F of chapter 25A and is interconnected to a distribution company.
Also amended by adding the following definition after “generating facility”:
“Infrastructure Resource Facility”, an electric transmission line, an electric distribution line, or an ancillary structure which is an integral part of the operation of a transmission or distribution line, that meets the following criteria: a) is estimated to cost more than $1 million; b) is needed due to asset condition or load-growth; c) has a date of need at least 36 months in the future; d) has a need that can be addressed by load reductions of less than 20 percent of the relevant peak load in the area of the defined need; and e) such other criteria as the Board may determine. A line that is constructed, owned, and operated by a generator of electricity solely for the purpose of electrically and physically interconnecting the generator to the transmission system of a transmission and distribution utility shall not be considered an Infrastructure Resource Facility.
Said section of said chapter is also amended by adding the following definition after “liquefied natural gas”:
“Local Energy Resource Alternative”, the following methods used either individually or combined to meet or defer in whole or in severable part the need for a proposed Infrastructure Resource Facility: energy efficiency and conservation, energy storage system, electric vehicles, load management technologies, demand response, distributed renewable generation facilities, and other relevant technologies determined by the Board.
SECTION 3: Chapter 164 of the General Laws is hereby amended by inserting after section 69J, as appearing in the 2018 Official Edition, the following section:
Section 69J 1/6:
(a) No applicant shall commence construction of an Infrastructure Resource Facility at a site unless a Determination of Wires has been approved by the board. In addition, no state agency shall issue a construction permit for any Infrastructure Resource Facility unless the Determination of Wires has been approved by the board and the facility conforms with such determination. Applications for Determination of Wires must be filed with the board no later than four years prior to date of in-service need.
(b) A petition for a Determination of Wires shall include, in such form and detail as the board shall from time to time prescribe, the following information: (1) a description of the Infrastructure Resource Facility, site and surrounding areas; (2) an analysis of the need for the facility over its planned service life, both within and outside the commonwealth, including date of need for the facility; (3) a description of the alternatives to the facility, such as other methods of transmitting or storing energy, other site locations, other sources of electrical power or gas, a reduction of requirements through load management, or local energy resource alternatives; and (4) the results of an investigation by an independent 3rd party, which may be the Board or a contractor selected by the Board, of local energy resource alternatives that may, alone or collectively, address or defer part or all of the need identified in the application for the Infrastructure Resource Facility. The investigation must set forth the total projected costs and economic benefits to ratepayers of the Infrastructure Resource Facility, as well as of the local energy resource alternative(s), over the effective life of the proposed Infrastructure Resource Facility.
(c) Prior to issuing a Determination of Wires, the Board must consider whether it is possible for any Local Energy Resource Alternative(s), alone or in combination, to meet or defer some or all of the identified need. In its consideration, the Board shall compare the Infrastructure Resource Facility to Local Energy Resource Alternatives based on uniform, standard criteria, including benefit-cost analysis. In its Determination, the Board must make specific findings regarding: i) the portions of the identified need, if any, that cannot be addressed or deferred by Local Energy Resource Alternative(s), due to engineering or public safety reasons; ii) the portions of the identified need, if any, for which the Board determines Local Energy Resource Alternative(s), alone or in combination, may meet or defer the need more cost-effectively, as defined in subsection f, than the Infrastructure Resource Facility, and the duration of such deferral; and iii) additional portions of identified need, if any. Notice of issuance of a Determination of Wires must be provided to the town or city administrator of each municipality in which the related Infrastructure Resource Facility or Local Energy Resource Alternative(s) is located.
(d) Upon issuance of a Determination of Wires that contains a finding that one or more Local Energy Resource Alternative(s) may satisfy or defer a portion of the identified need more cost-effectively, as defined in subsection f, than the Infrastructure Resource Facility, the applicant must engage in a transparent, open solicitation for resources that can meet or defer that portion of the need, as well as any additional portions of identified need. Any requests for proposals shall be reviewed by the Department in consultation with DOER, the Energy Efficiency Advisory Council, and the Grid Modernization Consumer Board. The applicant’s selection of resources for contracting shall be carried out in consultation with DOER, and any contracts shall be reviewed and approved by the Department.
(e) If during the review of contracts by the Department, it is determined that an Infrastructure Resource Facility will meet the identified need more cost-effectively, as defined in subsection f, than the Local Energy Resource Alternative(s), such finding shall serve as prima facie evidence of the Infrastructure Resource Facility being the “lowest possible cost” for the Board’s determination under Section 69J.
(f) Within three months of enactment of this section, the Department of Energy Resources shall develop, in consultation with the Energy Efficiency Advisory Council, a framework for benefit-cost analysis to be applied to evaluations of Infrastructure Resource Facilities and Local Energy Resource Alternatives, as a determinant of cost-effectiveness. The Total Resource Cost test utilized in the Energy Efficiency programs shall be appropriately modified to account for the value of reliability and other site-specific costs, benefits and risks appropriate to consideration of Local Energy Resource Alternatives. Categories of costs and benefits may include: ratepayer benefits; reasonably foreseeable environmental and public health compliance costs; line losses; local reliability; market price suppression effects for energy and capacity; fuel price risks; avoided transmission and distribution investments; electric generation supply costs and reductions; capacity market costs and reductions; ancillary services costs and reductions; transmission costs and reductions; distribution system costs and reductions; outage costs and reductions for electric customers; renewable energy certificate costs; fuel costs; demand-reduction induced price effects; and other costs and benefits of switching to electricity-based end uses. No later than six months after enactment of this section, such framework shall be considered by the Board in creating regulations regarding the Board’s process and criteria for determining cost-effectiveness and issuing a Determination of Wires.
(g) Within ten months of enactment of this section, the Department shall issue criteria outlining acceptable methods for securing contracts for Local Energy Resource Alternatives. The Department may consider whether utility performance incentives are appropriate. Any such incentives must be included in the cost effectiveness analysis set forth in subsection f.
(h) If the Board determines that one or more local energy resources alternative(s) can sufficiently address or defer the identified need at greater overall economic benefit to ratepayers across the region than the Infrastructure Resource Facility, but at a higher cost to ratepayers in the Commonwealth, the Board shall make reasonable efforts to achieve within 180 days an agreement among the states within the ISO-NE region to allocate the cost of the local energy resource alternative(s) among the ratepayers of the region using the allocation method used for regional transmission lines or a different allocation method that results in lower costs than the proposed Infrastructure Resource Facility to the ratepayers of the Commonwealth.
SECTION 4: Section 69J of chapter 164 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the third paragraph and inserting in its place thereof the following paragraph:
A petition to construct a facility shall include, in such form and detail as the board shall from time to time prescribe, the following information: (1) a description of the facility, site and surrounding areas; (2) an analysis of the need for the facility, either within or outside, or both within and outside the commonwealth; (3) a description of the alternatives to the facility, such as other methods of transmitting or storing energy, other site locations, other sources of electrical power or gas, or a reduction of requirements through load management; (4) any applicable Determination of Wires; and (5) a description of the environmental impacts of the facility, including impacts on greenhouse gas emissions. The board shall be empowered to issue and revise filing guidelines after public notice and a period for comment. A minimum of data shall be required by these guidelines from the applicant for review concerning land use impact, water resource impact, air quality impact, solid waste impact, radiation impact and noise impact.
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An Act for a clean energy Commonwealth by 2035
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S2167
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SD1710
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:43:37.71'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:43:37.71'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:34:55.9366667'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2167) of Marc R. Pacheco for legislation for a clean energy Commonwealth by 2035. Telecommunications, Utilities and Energy.
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SECTION 1. (a) It shall be the goal of the commonwealth to meet 100 per cent of Massachusetts’ energy needs with renewable energy by 2035, including the energy consumed for electricity, heating and cooling, transportation, agricultural uses, industrial uses, and all other uses by all residents, institutions, businesses, state and municipal agencies, and other entities operating within its borders.
(b) It shall be the goal of the commonwealth to obtain 100 per cent of the electricity consumed by all residents, institutions, businesses, state and municipal agencies, and other entities operating within its borders from renewable energy sources by 2035.
(c) In meeting these goals, the commonwealth and its agencies shall prioritize (1) models for local and community ownership of renewable energy generation, (2) sources of renewable energy that are located in Massachusetts or elsewhere in New England, (3) sources of renewable energy that represent additional renewable generation capacity added to the grid, (4) non emitting sources of renewable energy, (5) reducing energy consumption through efficiency measures to the greatest extent practicable. In all of its plans to achieve 100 percent renewable energy, the commonwealth and its agencies shall prioritize bringing direct health and financial benefits to environmental justice communities.
SECTION 2. (a) In order to integrate the goal of 100 per cent renewable energy throughout state government operations, the secretary shall establish an administrative council for the clean energy transition not later than 90 days from the passage of this act.
(b) The council shall be chaired by the secretary or the secretary’s designee; and shall include a representative from the department of environmental protection, the department of energy resources, the department of public utilities, the Massachusetts Clean Energy Center, the office of the governor, and the executive offices of administration and finance, education, health and human services, housing and economic development, labor and workforce development, public safety and security, and transportation and public works. The council shall also include a representative designated by the attorney general, the treasurer and receiver general, the secretary of the commonwealth, the state auditor, and the President of the University of Massachusetts. The council shall also include a member designated by the secretary of education to represent the community college system and a member designated by the secretary of education to represent the the state university system. The governor may appoint additional representatives from state agencies or quasi-public agencies to the council.
(c) The council shall identify all existing laws, regulations, and programs of the Commonwealth with an impact on energy production and consumption, and evaluate them based on (1) their potential to accelerate or hinder the state’s transition to 100 per cent renewable energy and (2) their ability to maximize the environmental and economic benefits of the transition for Massachusetts residents and businesses, particularly but not exclusively for environmental justice communities and communities that have been impacted by energy-related pollution.
(d) Each executive department and quasi-public agency shall conduct a review of the laws, regulations, and programs in its jurisdiction, and submit a report to the council describing how these laws, regulations, and programs can be modified in order to accelerate the transition to 100 per cent renewable energy. Each executive department and quasi-public agency shall further consider how modifying its programs to accelerate the transition to 100 per cent renewable energy can help achieve the department or agency’s other objectives.
(e) The secretary shall publish the council’s findings under subsections (c) and (d) of this section within 6 months of the formation of the council. The secretary and the council shall review and update these findings every 3 years from the date of initial publication.
(f) Within one year from the passage of this act, the council shall determine a date by which the operations of state government will be powered with 100 percent renewable energy, provided that the date is not later than January 1, 2035. Within eighteen months of the passage of this act, each executive department and quasi-public agency shall present a plan to achieve this goal for the facilities and activities in its jurisdiction. Each executive department and quasi public agency shall report on its progress to the council and update its plan annually.
(g) The council shall meet at least once per quarter to review progress in modifying laws, regulations, and programs to accelerate the transition to 100 per cent renewable energy. These meetings shall be open to members of the public and shall provide opportunities for public comment. At least one of these meetings shall be held in an environmental justice community each year.
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An Act relative to energy storage procurement for 2030 and 2035
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S2168
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SD2314
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T06:00:03.377'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T06:00:03.3766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:07:57.9966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:07:57.9966667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:07:57.9966667'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2168) of Marc R. Pacheco for legislation relative to energy storage procurement for 2030 and 2035. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 25A of the General Laws is hereby amended by adding the following section:-Section 19. (a) The department shall establish an energy storage system target for the deployment of energy storage systems by distribution company customers, distribution companies and municipal lighting plants to achieve a statewide energy storage deployment target of 2,000 megawatts by January 1, 2030 and a subsequent statewide energy storage deployment target to be achieved by January 1, 2035.
The department shall set annual statewide deployment targets to be achieved in each distribution company’s and municipal lighting plant’s service territory in order to reach the energy storage system targets required under this section.
(b) To achieve the annual targets established in subsection (a), the department may consider a variety of deployment mechanisms and may require policies to encourage the cost-effective deployment of energy storage systems including, but not limited to: (i) distribution company or municipal lighting plant programs to encourage private deployment of energy storage systems by their customers; (ii) procurement of cost-effective energy storage systems to be owned and operated by a distribution company; provided, however, that any such procurement shall finance the deployment of energy storage systems for the purpose of: (1) a nonwires alternative to investment in distribution; (2) deferring investment in distribution infrastructure that would otherwise be needed to address actual or forecasted overloads on distribution circuits or at substations; or (3) improving the capability of the distribution system to recover from adverse events that otherwise could result in long-term outages in critical areas of the distribution system; (iii) the use of alternative compliance payments collected pursuant to subsection (e) to fund a grant program for private development; and (iv) the use of energy storage to replace fossil generation and the use of energy efficiency funds under section 19 of chapter 25 if the department determines that customer-owned energy storage provides sustainable peak load reductions on either the electric or gas distribution systems and is otherwise consistent with section 11G of this chapter.
(c) A distribution company shall not own or operate energy storage systems equal to more than 20 per cent of the annual target established by the department for the distribution company’s service territory established in subsection (a) for the purpose of achieving the annual targets; provided, however, that the department shall ensure that no distribution company shall prevent or interfere with a customer or developer’s ability to enter into agreements to own or operate behind the meter energy storage systems.
(d) Each distribution company and municipal lighting plant shall annually make a map available that identifies areas of critical need for energy storage systems within their service territory. Each distribution company and municipal light plant shall identify on the map areas of actual or forecasted overloads on distribution circuits or at substations. The map shall aggregate system detail as necessary for distribution system security.
(e) The department shall promulgate regulations to: (i) establish a carve-out of the alternative energy portfolio standard obligation under section 11F1/2 for energy storage systems as defined in section 1 of chapter 164; and (ii) allow each distribution company and municipal lighting plant to discharge its obligations under this section by either procuring attributes from energy storage systems that qualify under the carve-out established pursuant to this section or by making an alternative compliance payment in an amount to be established by the department. The regulations shall require distribution companies and municipal lighting plants to annually submit to the department a report that shows it is in compliance with this section.
(f) Annually, not later than December 1, the department shall make available on its website a report on the energy storage system target program.
(g) The department shall promulgate regulations to implement this section.
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An Act to expand offshore wind development in the Commonwealth
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S2169
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SD2323
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T06:37:00.523'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T06:37:00.5233333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-23T14:38:47.8833333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:07:43.4833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:07:43.4833333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:07:43.4833333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-05T12:58:25.2566667'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2169) of Marc R. Pacheco and James C. Arena-DeRosa for legislation to expand offshore wind development in the Commonwealth. Telecommunications, Utilities and Energy.
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SECTION 1. Subsection (b) of section 83C of chapter 169 of the acts of 2008, as most recently amended by section 61 of chapter 179 of the acts of 2022, is hereby further amended by adding the following 2 paragraphs:-
Additionally, the schedule shall also ensure that the distribution companies enter into cost-effective long-term contracts for offshore wind energy generation equal to approximately 12,000 megawatts of aggregate nameplate capacity not later than June 30, 2030 and equal to approximately 15,000 megawatts of aggregate nameplate capacity not later than June 30, 2035.
Notwithstanding any general or special law to the contrary, the department of energy resources may require distribution companies, as defined in section 1 of chapter 164 of the General Laws, to jointly and competitively conduct additional offshore wind generation solicitations and procurements, if it finds it is necessary to meet the statewide greenhouse gas emissions limits established in chapter 21N of the General Laws.
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An Act relative to foreign-trained medical professionals
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S217
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SD2045
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T11:33:40.257'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T11:33:40.2566667'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 217) of Bruce E. Tarr for legislation relative to foreign-trained medical professionals. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting in section 9, at the end thereof, the following:-
The board shall promulgate rules and regulations to provide a pathway to full licensure for internationally trained physicians previously licensed or otherwise authorized to practice outside the United States and maintaining limited registration under this section or Board guidance for a period prescribed by the board
SECTION 2. Section 45A of said chapter 112, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “the faculty of a reputable dental college as defined in section forty-six” and inserting place thereof the following words:- a dental college approved by
the board.
SECTION 3. Chapter 112 of the General Laws as appearing in the 2020 Official Edition is hereby amended by inserting in section 45A, at the end thereof, the following:-
The board shall promulgate rules and regulations to provide a pathway to full licensure for internationally trained dentists previously licensed or otherwise authorized to practice outside the United States and maintaining limited registration under this section for a period prescribed
by the board
SECTION 4. Section 46 of said chapter 112 is hereby repealed
SECTION 5. Chapter 112 of the General Laws is hereby amended by striking section 76B, as so appearing, and inserting in place thereof the following section:- Section 76B. (a) Any person who has taken and passed an examination approved by the board and conducted in the English language, and has been registered by a province of Canada, and meets the eligibility requirements of clinical and theoretical study as determined by the board, and furnishes to the board satisfactory proof of good moral character and having graduated from a school of nursing approved by the board of nursing in the jurisdiction in which the applicant was originally registered shall be deemed to have met standards substantially the same as those of the commonwealth for the licensing of nurses and shall be licensed in the commonwealth without examination.
(b) Any person who has taken and passed an examination approved by the board and conducted in a language other than English, and has taken and passed a test of English Proficiency approved by the Board, and has been registered by a province of Canada, and meets the eligibility requirements of clinical and theoretical study as determined by the board, and furnishes to the board satisfactory proof of good moral character and having graduated from a school of nursing approved by the board of nursing in the jurisdiction in which the applicant was originally registered shall be deemed to have met standards substantially the same as those of the commonwealth for the licensing of nurses and shall be licensed in the commonwealth without examination.
SECTION 6. Notwithstanding any general or special law or regulation to the contrary an international medical graduate shall have ten years from obtaining licensure for completion of all steps of the United States Medical Licensing Examination
SECTION 7. Notwithstanding any general or special law to the contrary the department of public health in consultation with the board of medicine shall develop and implement subject to appropriation an international medical graduate program to facilitate access to residences.
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An Act relative to green financing
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S2170
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SD2336
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T08:42:36.187'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T08:42:36.1866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:07:33.3433333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:07:33.3433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:07:33.3433333'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2170) of Marc R. Pacheco for legislation relative to green financing. Telecommunications, Utilities and Energy.
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SECTION 1. Subject to appropriation, there shall be established at the Massachusetts Clean Energy Technology Center a program for clean energy financing.
SECTION 2. The Massachusetts Clean Energy Technology Center shall conduct a study of clean energy project finance gaps, including but not limited to project capital, project credit support/enhancement, project finance insurance, and project pipeline development. The study shall include developing recommendations as to potential sources of additional funding to support initiatives aimed at closing the financing gaps addressed in the study.
Pursuant to the findings of this study and subject to appropriation, the Massachusetts Clean Energy Technology Center may establish a “Green Bank” or similar financial initiative to provide the investment capital necessary to accelerate the deployment of a range of clean energy technologies in the buildings, transportation, industrial and other sectors as necessary in furtherance of the Commonwealth's net zero emissions goal.
SECTION 3. The Massachusetts Clean Energy Technology Center may utilize said investment capital for the purpose of implementing innovative financial strategies designed to reduce greenhouse gas emissions and leverage economies of scale including, but not limited to, the establishment of a loan loss reserve and energy savings performance contracting.
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An Act relative to establishing a residential PACE program to provide long-term financing for home energy system improvements
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S2171
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SD2360
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T05:36:06.097'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T05:36:06.0966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:11:54.1133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:11:54.1133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2171/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2171) of Marc R. Pacheco for legislation relative to establishing a residential PACE program to provide long-term financing for home energy system improvements. Telecommunications, Utilities and Energy.
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Notwithstanding any general or special law to the contrary, the department of energy resources, in conjunction with the Massachusetts Development Finance Agency, shall develop and implement regulations to establish a residential sustainable energy program to provide financing to residential property owners for energy efficiency and renewable energy improvements. The department may partner with quasi-public agencies including, but not limited to, the Massachusetts Clean Energy Center in the design and implementation of said program.
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An Act relative to enhancing RPS standards
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S2172
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SD2373
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T12:07:15.8'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T12:07:15.8'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:11:13.7466667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:11:13.7466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2172/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2172) of Marc R. Pacheco for legislation relative to enhancing RPS standards. Telecommunications, Utilities and Energy.
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Section 11F of chapter 25A, most recently amended by section 32 of chapter 8 of the acts of 2021, is hereby amended by striking out in line 18 "until December 31, 2029".
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An Act relative to net metering
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S2173
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SD2374
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T05:43:59.94'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T05:43:59.94'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:11:45.02'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:11:45.02'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2173/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2173) of Marc R. Pacheco for legislation relative to net metering of solar facilities. Telecommunications, Utilities and Energy.
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Section 139 of chapter 164 is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:- (f) No aggregate net metering cap shall apply to solar net metering facilities with the exception that the maximum amount of generating capacity eligible for net metering by a municipality or other governmental entity shall be 10 megawatts.
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An Act relative to net metering fairness
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S2174
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SD2377
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T05:52:11.587'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T05:52:11.5866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:11:35.8933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:11:35.8933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2174/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2174) of Marc R. Pacheco for legislation relative to net metering fairness. Telecommunications, Utilities and Energy.
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Section 9 (j) of Chapter 75 of the Acts of 2016 is hereby amended by striking the first sentence of the third paragraph and inserting at the beginning of the paragraph:- "The department shall exempt any monthly minimum reliability contribution for low-income ratepayers and community solar ratepayers. The department may exempt or modify any monthly minimum reliability contribution for municipal ratepayers."
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An Act to empower residential housing property upgrades, homeowner savings, and a robust workforce
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S2175
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SD2400
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T07:36:45.603'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T07:36:45.6033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:35:46.4733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2175/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2175) of Marc R. Pacheco for legislation to empower residential housing property upgrades, homeowner savings, and a robust workforce. Telecommunications, Utilities and Energy.
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SECTION 1. As used in this act, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Cumulative adjusted gross household income”, the cumulative adjusted gross income of every person in a single household, as reflected on federal income tax returns of the most recent year.
“EJSCREEN”, the environmental justice mapping tool, developed by the United States Environmental Protection Agency.
"Environmental justice population", a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the secretary may determine that a neighborhood, including any geographic portion thereof, shall not be designated an environmental justice population upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of environmental pollution; and (D) the neighborhood has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.
“Gut rehabilitation”, the general replacement of the interior of a building that is sufficiently extensive, in the judgment of the Undersecretary of the Department of Housing and Community Development, it is appropriate to reconstruct portions of the building to make it more accessible to people with physical disabilities.
“Home”, a unit of housing that is either a single-family housing unit or a housing unit within a multifamily housing complex.
“Housing emissions audit”, an inspection designed to determine (1) whether there are preexisting environmental hazards in a single family housing unit or multifamily housing complex; (2) if there are preexisting environmental hazards, how much it would cost to complete a preexisting environmental hazard remediation project on that housing unit; (3) the specific renovations, additions, installations, and modifications that would have to be made in order to complete a housing emissions renovation on the housing unit; and (4) how much that housing emissions renovation would cost.
“Housing emissions renovation”, a renovation of a single-family housing unit or multifamily housing complex designed to reduce housing-related greenhouse gas emissions, including, but not limited to, improving heat insulation, air sealing, upgraded windows, doors, and cladding systems, electrifying the heating system, installing solar panels or other forms of distributed generation, and replacing fossil fuel burning appliances for heating, hot water, and cooking with energy efficient appliances.
“Housing-related emissions”, greenhouse gas emissions caused by (1) heating a housing unit; or (2) supplying electricity to a housing unit.
“Multifamily housing complex”, a building, or connected series of buildings, owned by the same owner, with multiple separate housing units.
“Preexisting environmental hazard remediation project”, a project to remove a preexisting environmental hazard from a single family housing unit or multifamily housing complex such that the building in question can receive a housing emissions renovation without endangering the building’s occupants.
“Preexisting environmental hazard”, preexisting barriers that render a housing emissions renovation hazardous to the health and safety of the residents, or would require repair to allow the housing emissions renovations to proceed safely and effectively. These barriers include, but are not limited to, presence of dangerous mold, infestations, or other conditions that would be made more hazardous by the housing emission renovations; inadequate wiring systems unable to support electrification, and inadequate structural integrity that would compromise the effectiveness and or safety of the housing emission renovations.
“Secretary”, the Secretary of the Executive Office of Energy and Environmental Affairs.
“Single family housing unit”, a single-family residence.
“Task Force”, the Buidi.
“Undersecretary”, the Undersecretary of the Department of Housing and Community Development.
SECTION 2. (a) The. Massachusetts Clean Energy Technology Center shall establish a Residential Energy Efficiency and Electrification Initiative.
(b) The purpose of the Residential Energy Efficiency and Electrification Task Force is to develop the Efficiency & Electrification Plan, using the processes and requirements described in section 3.
(d) The Undersecretary of the Department of Housing and Community Development, or their designee, shall serve as the chairperson of the Task Force.
(e) The Commissioner of the Department of Energy Resources, or their designee, shall serve as the vice-chairperson of the Task Force.
(f) The Task Force shall make decisions according to a majority voting procedure in which all fifteen members may cast a single vote. In the case of a tie vote, the chairperson of the Task Force shall be empowered to break the tie by casting a deciding vote.
(g) A full and complete transcript of each meeting of the Task Force shall be made publicly available.
SECTION 3. (a) The Residential Energy Efficiency and Electrification Initiative must ensure that no fewer than 1,000,000 homes in districts served by investor-owned utilities and municipal lighting plants receive housing emissions renovations that are performed, required, or subsidized by the Massachusetts state government in the 10 years immediately following the enactment of this section.
() The Residential Energy Efficiency and Electrification Initiative Plan may achieve the goals set forth in this section by expanding and amending existing state programs, or by creating new programs, or some combination of those two possibilities. The Residential Energy Efficiency and Electrification Initiative Plan must be designed to coincide efficiently and effectively with other governmental and non-governmental programs, including Mass Save and Municipal Lighting Plant programs, to reduce housing-related emissions, avoiding duplicative work whenever feasible.
(f) The Residential Energy Efficiency and Electrification Initiative Plan shall prioritize the retrofitting of homes located in census tracts with a lower median income than the statewide median income through the higher incentives available to income-qualified residents and through special marketing campaigns that work with and utilize the expertise of community-based organizations with membership in these census tracts. The Residential Energy Efficiency and Electrification Initiative Plan shall include a plan to offer appropriate housing emission renovation plans to every building in these priority census tracts during the 10-year course of the plan, and shall report annually on the number of emission renovation plans offered and the number of plans implemented in whole or in part.
(g) The Residential Energy Efficiency and Electrification Initiative shall, at all times, prioritize retrofitting homes located within environmental justice populations over homes that are not located within environmental justice populations.
(h) The Residential Energy Efficiency and Electrification Initiative shall include recommendations to the appropriate administrative agencies to adopt regulations mandating minimum energy efficiency, energy performance, or related energy standards for rental properties where the tenants pay for electric or gas utility service or deliverable heating fuels, including but not limited to (1) specifying the minimum required energy standards for windows and for wall and attic insulation, such as minimum R-value standards; (2) ensuring that windows and doors are weather tight; (3) specifying the minimum required energy standards for heating and hot water systems; (4) ensuring that energy losses are reduced through energy efficiency measures including, but not limited to, air sealing of window sills and ducts;
(i) The Residential Energy Efficiency and Electrification Initiative shall include a system for determining the subsidies and financial incentives available for the owners and tenants of multifamily housing complexes in which some of the tenants qualify for the subsidies and financial incentives described in Section 6, and some of the tenants do not qualify for those subsidies or financial incentives. The system developed by the Residential Energy Efficiency and Electrification Initiative shall, to the greatest extent feasible, maximize benefits to tenants who are eligible for subsidies or financial incentives described in Section 6.
SECTION 4. (a) If the Residential Energy Efficiency and Electrification Initiative creates new state programs to complete housing emissions audits, preexisting environmental hazard remediation projects, and housing emissions renovations, the Residential Energy Efficiency and Electrification Initiative shall vest the responsibility and authority to implement and oversee those programs with the Department of Housing and Community Development.
(b) The Department of Housing and Community Development shall develop programs and regulations to protect tenants of homes or buildings which received either a preexisting environmental hazard remediation project, a housing emissions renovation, or both. These regulations shall include, but shall not be limited to, a regulation ensuring that the rental fee for a home or building which received either a preexisting environmental hazard remediation project, or a housing emissions renovation, or both, shall not be increased for a period of at least 6 months and no more than 7 years. The precise time period shall be based upon the cost and complexity of the preexisting environmental hazard remediation project or the housing emissions renovation applied to the home or building which the tenant is renting.
SECTION 5. (a) No single-family housing unit or multifamily housing complex may receive a housing emissions renovation without first receiving a housing emissions audit. The Department of Housing and Community Development shall have the authority to create exemptions for this requirement when such exemptions are appropriate, in the judgment of the Undersecretary.
(b) No single-family housing unit or multifamily housing complex which has a preexisting environmental hazard, as determined by a housing emissions audit, may receive a housing emissions renovation without first receiving a preexisting environmental hazard remediation project.
SECTION 6. (a) When providing a housing emissions renovation for a home located within an environmental justice population, the Department of Housing and Community Development shall finance the complete cost of (1) the housing emissions audit; (2) all preexisting environmental hazard remediation projects, if there are one or more preexisting environmental hazards; and (3) the housing emissions renovation.
(b) When providing a housing emissions renovation for a home that is not located within an environmental justice population but is located within a census tract with a median household income that is lower than the statewide median household income, the Department of Housing and Community Development shall (1) pay the entire cost of the housing emissions audit; (2) pay the entire cost of all preexisting environmental hazard remediation projects, if there are one or more preexisting environmental hazards; and (3) offer a financial subsidy for half of the cost of the housing emissions renovation, and offer a 10-year, zero-interest loan sufficient to finance half of the cost of the housing emissions renovation.
(c) When providing a housing emissions renovation for a home that is owned or leased by a household with exactly 1 member which has a cumulative gross adjusted household income that is below 40% of the statewide median household income, the Department of Housing and Community Development shall finance the complete cost of (1) the housing emissions audit; (2) all environmental hazard remediation projects, if there are one or more preexisting environmental hazards; and (3) the housing emissions renovation.
(d) When providing a housing emissions renovation for a home that is owned or leased by a household with exactly 2 members which has a cumulative gross adjusted household income that is below 60% of the statewide median household income, the Department of Housing and Community Development shall finance the complete cost of (1) the housing emissions audit; (2) all environmental hazard remediation projects, if there are one or more preexisting environmental hazards; and (3) the housing emissions renovation.
(e) When providing a housing emissions renovation for a home that is owned or leased by a household with 3 or more members which has a cumulative gross adjusted household income that is below 70% of the statewide median household income, the Department of Housing and Community Development shall finance the complete cost of (1) the housing emissions audit; (2) all environmental hazard remediation projects, if there are one or more preexisting environmental hazards; and (3) the housing emissions renovation.
(f) The Department of Housing and Community Development may offer additional financial incentives and subsidies for housing emissions audits, environmental hazard remediation projects, and housing emissions renovations, when appropriate.
SECTION 7. (a) No later than one year after the enactment of this section, the Department of Housing and Community Development shall complete an audit of (1) all of the affordable housing units under the jurisdiction of the Department of Housing and Community Development; and (2) all of the affordable housing units that are overseen by the Department of Housing and Community Development.
The purposes of this housing audit shall be to (1) assess the condition of affordable housing units under the jurisdiction of, or overseen by, the Department of Housing and Community Development; (2) determine how those affordable housing units could be improved through housing emissions renovations and preexisting environmental hazard remediation projects; and (3) to make recommendations to the Energy Efficiency Advisory Council regarding how to increase participation among affordable housing residents in energy efficiency programs.
SECTION 8. (a) The comptroller shall, on January 1, 2023, transfer $1,000,000,000 from the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws to the Clean Energy Investment Fund.
(b) Through the Clean Energy Investment Fund, the center shall make expenditures pursuant to the following criteria: (1) not less than $350,000,000 shall be allocated for the purposes of funding energy efficiency initiatives designed to reduce greenhouse gas emissions associated with providing heat and electricity to structures in the built environment through implementation measures including, but not limited to, energy efficiency retrofits and electric heat conversion in residential buildings in furtherance of the Residential Energy Efficiency and Electrification Initiative, (2) not less than $250,000,000 shall be allocated for the purposes of establishing a financial institution or mechanism including, but not limited to, a “green bank” responsible for facilitating clean energy investments including, but not limited to, energy saving performance contracts, on-bill financing, and loan-loss reserves, and (3) not less than $150,000,000 for supporting clean energy infrastructure including, but not limited to, port infrastructure and development related to supporting the clean energy industry in the commonwealth.
(C) The remainder of the resources transferred to the Clean Energy Investment Fund from section 2JJJJJ of chapter 29 of the General Laws may be utilized for the following purposes: (1) advancing clean energy research and technologies to commonwealth-based investors, entrepreneurs and institutions that are involved in the clean energy industry; (2) providing workforce development and technical training programs for public higher education and vocational-technical education institutions; (3) developing a regional strategy for regional employment boards to support the development of the clean energy industry; provided, however, that regional employment boards shall publish their findings as an addendum to their workforce development blueprints; (4) matching funds to secure future federal funding to support the clean energy industry and clean energy research in the commonwealth; (5) supporting research and development in the clean energy industry, including, but not limited to, the interrelationship between clean energy infrastructure and existing natural habitats, ecosystems and dependent species; (6) supporting improved outcomes from the development of clean energy resources; (7) supporting the long-term coexistence and sustainability of the fishing and clean energy industries; and (8) providing for the necessary and reasonable administrative and personnel costs of the center or of the executive office of energy and environmental affairs related to administering the fund.
(d) The center shall, in furtherance of the Residential Energy Efficiency and Electrification Initiative and the establishment of decarbonization initiatives designed to reduce greenhouse gas emissions, have the explicit authority to solicit private and nonprofit investments to supplement the Clean Energy Investment Fund and initiatives established pursuant to the Clean Energy Investment Fund including, but not limited to, loan loss reserve and energy savings performance contracts. In furtherance of the Residential Energy Efficiency and Electrification Initiative or the establishment of initiatives designed to reduce greenhouse gas emissions, the Department of Housing and Community Development, the Executive Office of Energy and Environmental Affairs, and the Massachusetts Clean Energy Technology Center shall also have the authority to enter contracts or partner with outside entities, including, but not limited to, green banks and climate banks initiated by the center.
(e) Notwithstanding any general or special law, the Department of Housing and Community Development, the Executive Office of Energy and Environmental Affairs, and the Massachusetts Clean Energy Technology Center shall seek out federal funding from any reasonable available source to supplement the Clean Energy Investment Fund in furtherance of the Residential Energy Efficiency and Electrification Initiative, including but not limited to, any infrastructure funding, housing funding, tax credits, and loan programs.
(f) Residential Energy Efficiency and Electrification Initiative shall maximize the availability of federal funding.
SECTION 11. Section 6 of said chapter 25A of the General Laws, as so appearing, is hereby amended by inserting, after subsection 14, the following subsection:-
(15) develop and incorporate into the state building code, in consultation with the board of building regulations and standards, requirements for preparing a structure for the future installation of electric appliances or equipment sufficient to replace appliances or equipment that consume fuel oil or fuel gas where doing so is likely to avoid costly future retrofits, preparing the building for future potential installation of solar panels where doing so is likely to avoid costly retrofits, and preparing the building for future installation of electric vehicle charging infrastructure where doing so is likely to avoid costly retrofits; and ensuring that the on-site electrical infrastructure including but not limited to circuit breakers and electrical infrastructure providing power to the building can accommodate future installation of electric appliances, solar panels, and electric vehicle charging infrastructure where doing so is likely to avoid costly retrofits.
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An Act sparking the construction of 21st century buildings
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S2176
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SD2258
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-20T10:31:24.463'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-20T10:31:24.4633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2176/DocumentHistoryActions
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 2176) of Pavel M. Payano for legislation to spark the construction of 21st century buildings. Telecommunications, Utilities and Energy.
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SECTION 1. Section 6 of chapter 25A of the General Laws is hereby amended by inserting after clause (14), inserted by section 31 of chapter 8 of the Acts of 2021, the following 2 clauses:-
(15) develop and incorporate into the specialized stretch energy code developed and promulgated pursuant to clause (14), in consultation with the board of building regulations and standards, requirements for mandatory solar photovoltaic panel installation for all buildings deemed suitable for installation by the department. Develop and incorporate into the stretch energy code requirements for buildings to be made PV Ready for all buildings deemed suitable for future installation by the department; and
(16) The base code shall include all provisions of the stretch energy code related to the latest International Energy Conservation Code, together with any more stringent energy-efficiency provisions promulgated more than 36 months prior.
SECTION 2. Any undertaking by a federal, state, county, municipal or quasi-governmental public agency for the planning, acquisition, design, construction, demolition, installation, repair or maintenance of a structure shall comply with the requirement of the specialized stretch energy code, as developed and promulgated pursuant to clause (14) of section 6 of chapter 25A of the General Laws.
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An Act advancing water access equity through utility reporting requirements
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S2177
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SD1543
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T17:21:32.63'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T17:21:32.63'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:50:54.4733333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2177) of Rebecca L. Rausch and James B. Eldridge for legislation to advance water access equity through utility reporting requirements. Telecommunications, Utilities and Energy.
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SECTION 1. Section 22 of chapter 25 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subparagraph (e) the following subparagraphs:-
(f) Public and private water utilities shall file quarterly reports with the executive office of energy and environmental affairs regarding customer service data. The reports shall be public record and shall include, but shall not be limited to the following information, disaggregated by zip codes:
(1) The number of customers receiving service from a water utility provider;
(2) The number customer disconnection notices sent due to bill nonpayment;
(3) The number and dates of water shut offs that took place and average time between service disconnection due to non-payment and service reconnection;
(4) The number of customer accounts that became eligible for disconnection due to bill nonpayment but were not disconnected because of any legally mandated or voluntary suspension of disconnections due to the coronavirus 2019 pandemic;
(5) The number of customers charged late fees, penalties, reconnection fees, interest, and any other charge associated with late payment of a bill;
(6) The number of liens on real property placed, sold, or enforced due to nonpayment;
(7) The number of customers enrolled in deferred payment agreements at the end of each month, and the average length of the repayment term under those agreements;
(8) The number of customers that entered into, successfully completed, or defaulted from a deferred payment agreement;
(9) Customer assistance programs available to water consumers, including terms of eligibility, and available budget for each program;
(10) The number of customers receiving assistance under each customer assistance program at the end of each month, the total dollar amount of assistance provided, and the number of customers who were denied assistance; and
(11) The methods and contents of general communications by local utilities and public utilities to customers concerning their rights and available assistance programs if customers are unable to pay their bills in full.
(g) The executive office of energy and environmental affairs may adopt regulations necessary to implement this section.
(h) Annually, not later than March 15, the executive office of energy and environmental affairs shall report to the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture data concerning the results of such equity audit reports.
SECTION 2. This act shall take effect on January 1, 2024.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J37', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J37'}, 'Votes': []}]
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[]
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An Act relative to better buildings
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S2178
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SD2046
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T12:24:22.963'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T12:24:22.9633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:50:29.8966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2178/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2178) of Rebecca L. Rausch and James B. Eldridge for legislation relative to better buildings. Telecommunications, Utilities and Energy.
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Chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following section:-
Section 21. Better Buildings Act. (a) For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Building”, a building or multiple buildings on a parcel, or any grouping of buildings designated by the department as an appropriate unit for the purposes of verifying compliance with building performance standards established under this section.
“Building energy reporting program,” requirements for the owners of large buildings to report building energy use on an annual basis and for the department to make this information publicly available, pursuant to section 20 of chapter 25A.
“Department”, the department of energy resources.
“Energy”, electricity, natural gas, steam, hot or chilled water, heating oil, propane or other products designated by the department that are used for heating, cooling, lighting, industrial and manufacturing processes, water heating, cooking, clothes drying or other purposes.
“Greenhouse gas emissions,” emissions of greenhouse gasses, as defined in chapter 21N, from the energy consumed annually at a large building, measured in metric tons of carbon dioxide equivalent or similar units; provided, that greenhouse gas emissions shall not include emissions associated with separately-metered electricity used to charge vehicles or other energy uses determined by the department to be unrelated to the operation of the building.
“Gross floor area”, the total floor area contained within a building measured to the external face of the external walls.
“Large building”, a building with at least 20,000 square feet of gross floor area; provided, however, that the department may establish by regulation a lower threshold for a building to be considered a large building under this section.
“Normalized greenhouse gas emissions,” greenhouse gas emissions normalized for weather and other factors at the discretion of the department.
“Normalized greenhouse gas emissions intensity,” normalized greenhouse gas emissions for a building divided by the gross floor area of the building.
“Normalized site energy use,” site energy use normalized for weather and other factors at the discretion of the department.
“Normalized site energy use intensity,” normalized site energy use for a building divided by the gross floor area of the building.
“Owner”, the owner of record of a building or a designated agent thereof including, but not limited to, an association or organization of unit owners responsible for management of a condominium, the board of directors of a cooperative apartment corporation or the net lessee of a building subject to a net lease with a term of not less than 30 years, inclusive of all renewal options.
“Site energy use,” the total energy consumed annually at a large building, measured in thousand British thermal units (kBTU) or similar units; provided, that site energy use shall not include separately-metered electricity used to charge vehicles or other energy uses determined by the department to be unrelated to the operation of the building.
(b) The department shall establish building performance standards for each large building type and occupancy. The department may designate subcategories within each building type and occupancy to establish building performance standards.
(c) For each building type and occupancy, and for any subcategories as designated by the department, the department shall establish a final building performance standard that shall apply in the year 2050 and each year thereafter. The department shall also establish interim building performance standards for each 5-year period beginning in 2025, and these standards shall apply in each year of the relevant 5-year period. For each building type and occupancy, and for any subcategories as designated by the department, final and interim building performance standards shall set either (1) the maximum normalized site energy use intensity, (2) the maximum normalized greenhouse gas emissions intensity, or (3) both the maximum normalized site energy use intensity and maximum normalized greenhouse gas emissions intensity.
(d) The department shall establish building performance standards at levels that are: (i) at least as stringent as the median normalized site energy use intensity or normalized greenhouse gas emissions intensity of large buildings of each building type at the time, based on data collected through the building energy reporting program; and (ii) consistent with achieving the greenhouse gas emissions limits and sublimits established under chapter 21N. The department may revise building performance standards based on significant new information about building energy use, market conditions, and innovations in energy efficiency and electrification technologies.
(e) The department may establish an option for campus-wide performance standards for post-secondary educational institutions and hospitals with multiple buildings in a single location that have the same owner; provided, that such campus-wide performance standards shall require reductions in normalized site energy use intensity or normalized greenhouse gas emissions intensity similar to those standards established for individual buildings under subsections (b) through (d).
(f) The department may, in coordination with utility companies and the department of public utilities, establish financial and technical assistance programs for owners to meet building performance standards. In establishing such programs, the department shall consider the financial need of owners and equitable access to programs and technologies, and may establish higher incentives for owners of buildings that achieve greater reductions in normalized site energy use intensity or normalized greenhouse gas emissions intensity than required by the standards.
(g) The department shall establish criteria for owners facing extraordinary hardships to seek an extension of the deadline to meet building performance standards for one or more of their buildings. Upon application by an owner, the department may grant an extension of up to 3 years.
(h) If, due to unusual circumstances, an owner believes that a building cannot reasonably meet one or more of the applicable interim or final building performance standards, the owner may propose a building performance action plan for the department’s approval. Such a plan shall include proposed improvements to the building and a timeline for the implementation of these improvements, and shall be designed to achieve reductions in normalized site energy use intensity or normalized greenhouse gas emissions intensity that are equivalent to or as close as practicable to the final building performance standard. Once a building performance action plan is approved by the department, a building shall be deemed to be in compliance with the requirements of this section as long as the terms of the building performance action plan are met on a timely basis. The department shall review building performance action plans at least once every 5 years, and may require modifications to these plans or rescind previously granted approval.
(i) An owner of a large building that fails to meet the applicable interim building performance standard may comply by paying an alternative compliance fee. Such fee shall be assessed annually for each year that a building fails to meet the standard. The department shall determine the amount of alternative compliance fees at least 12 months in advance of each compliance date, and such amounts shall be assessed on the basis of factors including the gross floor area and the amount by which the normalized site energy use intensity or normalized greenhouse gas emissions intensity exceeds the interim standard. To the extent possible, the department shall set the amount of alternative compliance fees to incentivize building owners to meet the interim building performance standard rather than pay the alternative compliance fee.
(j) The department shall establish civil penalties for owners of buildings that fail to meet the applicable building performance standard and do not pay alternative compliance fees, and owners of buildings that fail to comply with the terms of their building performance action plans; provided, however, that no such penalty shall be assessed on or passed through to a lessee of a unit within a large building that comprises less than 5 per cent of the total gross floor area of the large building.
(k) Alternative compliance fees and civil penalties collected by the department shall be deposited into a separate account established by the department. Any funds collected shall be used first to pay for the costs incurred by the department in administering this section, and any remaining funds shall be used to assist owners of large buildings in meeting the requirements of this section and to support energy efficiency and electrification retrofits in low-income housing. The department shall appoint an advisory committee, consisting of community, municipal government, and industry representatives, to direct the expenditure of funds from this account. The department shall publish an annual report on its website listing disbursements from this account.
(l) Documents received, created, or maintained by the department under this section shall be public records.
(m) Nothing in this section shall prohibit municipalities from establishing and enforcing energy performance standards, greenhouse gas emission standards, or other environmental standards for buildings that exceed the requirements of this section. The department shall coordinate with municipal officials on the establishment and enforcement of building performance standards, and may establish a single process for owners to demonstrate compliance with both municipal and statewide building performance standards; provided, that such a compliance process shall require reductions in normalized site energy use intensity or normalized greenhouse gas emissions intensity that are at least as stringent as the statewide building performance standards established pursuant to this section.
(n) The department shall promulgate regulations to implement this section within one year of its effective date.
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[]
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[]
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An Act to reduce gas leaks
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S2179
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SD525
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:32:08.417'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:32:08.4166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:20:31.7633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2179/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2179) of Michael F. Rush and Paul McMurtry for legislation to reduce gas leaks. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after Section 144 the following section:-
Section 144½.
(a) As used in this section, the following words shall have the following meanings:
“Grade 3 leak” shall have the meaning set forth in Section 144(b)(4) of this chapter.
(b) The department shall have the authority to fine gas distribution companies for Grade 3 leaks, and the proceeds from such fines shall be used to fund projects to mitigate the effects of such gas leaks on public health and public infrastructure and to, and reduce communities’ exposure to such gas leaks. Without further appropriation, and for purposes consistent with this section, the department shall use such fines to administer this program, with the balance of any funds distributed to municipalities, in proportion to the impact gas leaks have on their municipality, for the purposes described above.
(c) Within twelve months of the effective date of this section, the department shall begin the imposition of fines for Grade 3 leaks and shall issue regulations governing the imposition of such fines, including the allocation of the proceeds of such fines to efforts to reduce communities’ exposure to leaks, and the process of auditing the Grade 3 leaks reported by gas distribution companies to the department. The regulations shall address at least the following:
(1) The regulations shall set forth a schedule of fines for Grade 3 gas leaks, setting forth an annual amount to be paid by a gas distribution company for leaks reported to the department. The department may impose a fine for any Grade 3 leak, provided that it shall impose a fine for each Grade 3 leak greater than one year old. The department may vary the fine amount for a leak based on the age of a leak, the volume of gas released by a leak, or other factors in the judgment of the department;
(2) The regulations shall set forth parameters for the use and disbursement of the proceeds of such fines by the department. The regulations shall provide that all proceeds be used to reduce communities’ exposure to gas leaks, and the department may allocate proceeds to projects projects to replace trees and other resources impacted by gas leaks, measures by the department to audit or check a gas distribution company’s annual reporting of Grade 3 leaks, or such other activities which reduce communities’ exposure to gas leaks and potential to suffer harm from such leaks. The regulations may provide that proceeds of fines may be used directly by the department to enhance its operations, may be distributed to municipalities for purposes consistent with this section. The regulations shall ensure that the proceeds of fines are distributed so that the projects and work funded by the fines are directed to municipalities or regions in approximately the same proportion as fine revenue is derived from said municipalities or regions over time;
(3) The regulations shall set forth a process and standards for auditing the annual report of Grade 3 leaks reported by gas distribution companies to the department as part of the annual service quality standards report required by sections 1I and 144. These standards shall address how the department will review and consider any report of Grade 3 leaks provided to it by third parties, including municipalities and community organizations. The department shall also consider whether and how its audit process and standards can identify the volume of gas being released by Grade 3 leaks, and in particular how it can identify which leaks are likely to release significantly greater than average volumes of gas;
(4) The regulations shall set forth the appeals process through which a natural gas company may appeal to the department the issuance of a fine for a Grade 3 leak.
SECTION 2. This Act shall take effect on January 1, 2024.
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An Act ensuring internet security and privacy
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S218
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SD2386
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:30:57.153'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:30:57.1533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S218/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 218) of Bruce E. Tarr for legislation to ensure internet security and privacy. Consumer Protection and Professional Licensure.
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Chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 114 the following section:-
Section 115. Notwithstanding any other general or special law to the contrary, no telecommunications or internet service provider that has entered into a franchise agreement, right-of-way-agreement, or other contract with the commonwealth of Massachusetts or a political subdivision, or that uses facilities that are subject to such agreements, even if it is not a party to the agreement, or otherwise operates in the commonwealth of Massachusetts may collect, use, disclose or otherwise disseminate, personal information from a customer resulting from the customer’s use of the telecommunications or internet service provider without express written approval from the customer. No such telecommunication or internet service provider shall add an additional surcharge for customers that do not provide their express written approval, and said providers shall not refuse to provide services to a customer on the grounds that the customer has not approved collection, use, disclosure or other forms of dissemination of the customer’s personal information”.
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An Act to ensure adequate and affordable energy
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S2180
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SD2121
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T13:52:08.74'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T13:52:08.74'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2180/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2180) of Bruce E. Tarr for legislation to ensure adequate and affordable energy. Telecommunications, Utilities and Energy.
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SECTION 1. Not later than September 30, 2023 and every 3 years thereafter, the secretary of energy and environmental affairs or a designee shall publish a comprehensive energy plan as established under executive order 569 which shall include and be based upon reasonable projections of the commonwealth’s energy demands for electricity, transportation and thermal conditioning and shall also include strategies for meeting those demands in a regional context, prioritizing meeting energy demand through conservation, energy efficiency and other demand-reduction resources in a manner that contributes to the commonwealth meeting the limits for 2030 and 2040 pursuant to subsection (b) of section 3 of chapter 21N of the General Laws.”
SECTION 2. The department of energy resources in conjunction with the executive office of environmental affairs shall monitor available supplies and projected costs of energy so as to determine if within 12 months there will be a foreseeable deficiency in the amount of energy reasonably expected to meet demand, or that one or more conditions will be reasonably expected to cause an increase to consumers of more than ten percent, provided that if either of these are so determined, the department of energy resources in conjunction with the executive office of environmental affairs, shall develop a contingency plan to prevent, mitigate, or otherwise address their impacts. Such contingency plan shall contain, to the maximum feasible extent :
a) the cause of such deficiency or cost increase and the probability that it will occur
b) one or more actions than can be undertaken on a timely basis to prevent, mitigate, or otherwise address one or more of these impacts
c) identify the appropriate entity of state government to take such actions
d) an estimated time frame for such actions to be implemented
The development of such contingency plan shall include not less than one public hearing, the ability to receive written testimony, and consultation with the department of public utilities, the department of telecommunications and energy, the clean energy center, the attorney general of the commonwealth, and, to the extent possible and where relevant, the independent systems operator for the New England. Said plan shall be filed with the Joint Committee on Telecommunications, Utilities, and Energy, and the clerks of the House and Senate, whom shall post it electronically for public inspection.
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An Act relative to electricity reliability and capacity
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S2181
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SD2277
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T14:04:30.96'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T14:04:30.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2181/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2181) of Bruce E. Tarr for legislation relative to electricity reliability and capacity. Telecommunications, Utilities and Energy.
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SECTION 1. The Secretary of Energy and Environmental Affairs, in consultation with the Department of Public Utilities and the Department of Telecommunications and Energy, shall, initially by not later than 1 year following the passage of this act, and every three years thereafter, conduct an assessment of the infrastructure serving the commonwealth for the transmission and distribution of electricity (infrastructure), based on the demand estimates contained in the energy plan required by executive order 569. Said assessment shall include factors including, but not limited to;
1. The capacity of current infrastructure to meet current and projected demand for electricity.
2. The reliability of the infrastructure to deliver electricity, particularly with regard to adverse weather events and periods of peak demand.
3. The ability of the infrastructure to accommodate the input of electricity from renewable sources, including distributed generation and storage, in a timely, efficient, and effective manner.
4. Any and all identifiable current and foreseeable vulnerabilities of the infrastructure .
SECTION 2. The secretary, in consultation with the department of public utilities, the department of telecommunications and energy, and the massachusetts clean energy center, shall, based on the assessment produced pursuant to the provisions of section 1, and within nine months following the completion of each such assessment, develop a plan to ensure that the infrastructure described in section 1 has the ability to meet the demand for electricity in the commonwealth reliably, cost-effectively, and with sufficient capacity. Said plan shall incorporate and detail any and all policy, regulatory, statutory, and other actions necessary to achieving these goals in a timely manner, while minimizing, to the greatest extent possible, costs to consumers, and disruptions to existing service. Said actions may include, but not be limited to:
1. Requirements for the submission and approval of infrastructure upgrade plans by utilities on an annual or other periodic basis.
2. Requirements for the development and approval of necessary studies and plans for the interconnection to energy sources, including storage, within a specified time frame.
3. Recommendations for relevant state investment or other financing mechanisms.
4. Modified or additional standards or requirements for electric service providers in the commonwealth.
5. Any and all other relevant actions, measures, or requirements.
The development of said plan shall include not less than three public hearings in geographically diverse regions of the state, and consultation with stakeholders including but not limited to, utility entities serving the commonwealth, environmental organizations in the commonwealth, consumer advocacy organizations in the commonwealth, organizations representing organized labor, suppliers of electricity to Massachusetts consumers, and, to the extent possible, the Independent Systems Operator for New England. Said plan shall be filed, not less than ninety days before any action contained in the plan is initiated, with the Joint Committee on Telecommunications, Utilities, and Energy, and the clerks of the House and Senate, whom shall post it electronically for public inspection.
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An Act relative to offshore wind procurement
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S2182
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SD2405
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:55:40.323'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:55:40.3233333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-27T09:43:08.2766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2182/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2182) of Bruce E. Tarr and F. Jay Barrows for legislation relative to offshore wind procurement. Telecommunications, Utilities and Energy.
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SECTION 1. SECTION 21 of chapter 227 of the acts of 2018 is hereby amended by striking out the figure "1600" and inserting in place thereof the following:- "6000"
SECTION 2. Said section 21 of chapter 227 of the acts of 2018 is hereby amended by striking out, "December 31, 2035" and inserting in place thereof the following:- "December 31, 2030"
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[]
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An Act relative to fair radius restrictions of transfer stations
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S2183
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SD1198
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:08:04.35'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:08:04.35'}, {'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-02-06T16:18:39.0366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2183/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2183) of Walter F. Timilty and Mark J. Cusack for legislation relative to fair radius restrictions of transfer stations. Telecommunications, Utilities and Energy.
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Section 150A of Chapter 111 shall be amended by inserting at the end thereof the following:-
No facility governed by section 150A or 150A1/2 of chapter 111 shall be constructed within 6 miles of an existing facility governed by those sections.
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An Act relative to requiring notification of hazardous utility work to local and regional emergency departments
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S2184
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SD1201
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:08:35.477'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:08:35.4766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2184/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2184) of Walter F. Timilty for legislation to require notification of hazardous utility work to local and regional emergency departments. Telecommunications, Utilities and Energy.
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Notwithstanding any general or special law to the contrary, utility companies shall be required to notify both local and regional police, fire, emergency and all other related public works departments of any hazardous public work projects conducted by that utility company or an independent contractor within their jurisdiction.
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An Act relative to the maximum storage charges on motor vehicles involuntarily towed
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S2185
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SD741
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T10:27:59.56'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T10:27:59.56'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2185/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2185) of John C. Velis for legislation relative to the maximum storage charges on motor vehicles involuntarily towed. Telecommunications, Utilities and Energy.
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Section 6B of chapter 159B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in the second paragraph, the number “35” and inserting in place thereof the number “48”.
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An Act to protect Native American heritage
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S2186
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SD1410
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:03:19.08'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:03:19.08'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-23T13:05:36.68'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T12:50:11.6733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T12:50:11.6733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:50:11.6733333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T10:38:17.9366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-14T11:43:14.72'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T10:24:54.1366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-04T13:11:00.36'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-19T10:00:52.0566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-20T14:04:57.66'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-10-02T14:51:33.7566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2186/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 2186) of Nick Collins, Liz Miranda, Joanne M. Comerford, Jack Patrick Lewis and other members of the General Court for legislation to protect Native American heritage. Tourism, Arts and Cultural Development.
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SECTION 1. As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-
"Native American" as defined in the Native American Graves Protection and Repatriation Act in accordance with 25 U.S.C. 3001 et seq.
"funerary objects" as defined in the Native American Graves Protection and Repatriation Act in accordance with 25 U.S.C. 3001 et seq.
"sacred objects" as defined in the Native American Graves Protection and Repatriation Act in accordance with 25 U.S.C. 3001 et seq.
"objects of cultural patrimony" as defined in the Native American Graves Protection and Repatriation Act in accordance with 25 U.S.C. 3001 et seq.
SECTION 2. The penalties and requirements of the Native American Graves Protection and Repatriation Act in accordance with 25 U.S.C. 3001 et seq. shall be enforced if an agency, organization, entity, or department receiving funds of any kind from the Commonwealth or any local government therein; or a trust, unincorporated association, nonprofit corporation organized under Chapter 180 of the Massachusetts General laws or public charity duly registered with the Office of the Attorney General moves to deacquisition any Native American funerary objects, human remains, sacred objects, or objects of cultural patrimony.
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Resolve establishing a commission on artistic representation in the People’s House
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S2187
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SD228
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:15:51.777'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:15:51.7766667'}]
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Resolve
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By Mr. Cyr, a petition (accompanied by resolve, Senate, No. 2187) of Julian Cyr that provisions be made for an investigation and study by a special commission (including members of the General Court) on artistic representation in the People’s House. Tourism, Arts and Cultural Development.
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Resolved, that there shall be a special legislative commission on artistic representation in the People’s House. The commission shall review the Massachusetts State House, identify any racially or culturally insensitive art, murals, or exhibits within or surrounding the State House, and promote diverse representation of the Commonwealth’s people and history at the State House. The commission shall consist of: 2 persons appointed by the president of the senate from a list of not less than 4 nominees from the Massachusetts Black & Latino Legislative Caucus; 2 persons appointed by the speaker of the house of representatives from a list of not less than 4 nominees from the Massachusetts Black & Latino Legislative Caucus; a member of the senate appointed by the senate president; a member of the house appointed by the speaker of the house; the chair of the Mashpee Wampanoag Tribe or their designee; the chair of the Wampanoag Tribe of Gay Head Aquinnah or their designee.
The chief executive officer of the Boston Museum of African American History shall be appointed automatically to the commission and shall serve as chair.
The following shall be appointed automatically to the commission: the State House Art Curator; the superintendent of the Bureau of the State House; the chair of the State House Art Commission; the executive director of the Massachusetts Cultural Council or their designee; the executive director of the Massachusetts Humanities Council or their designee; the executive director of the Commission on the Status of Women or their designee; the executive director of the Commission on African Americans or their designee; the executive director of Amplify Latinx or their designee; the executive director of the Commission on Asian Americans or their designee; the executive director of the North American Indian Center of Boston or their designee; the executive director of the Commission on LGBTQ Youth or their designee; and the executive director of the Disability Law Center or their designee.
All members of the commission shall be voting members and shall have an equal vote on matters under its charge. The commission shall meet not less than four times annually, either in person or by remote video or audio conferencing. All commission votes shall pass by a simple majority.
The commission's work shall include but not be limited to: (i) conducting a review of art, murals, statues, plaques, or any similar images within and surrounding the State House to identify any racially or culturally insensitive images or content that should be considered for removal; (ii) identifying unused wall or floor space in the State House that could be filled with more diverse and representative images and art from across the Commonwealth; (iii) soliciting the commission of art, murals, statutes, plaques, or artistic representation within and surrounding the State House that reflects the diversity of the Commonwealth’s residents and its history; provided further, the Commission may also recommend removal from public display some or all portraits of Governor's displayed within the State House who served prior to 1900 and may recommend replacement of such wall space with more diverse and representative images and art from across the Commonwealth and its history; (iv) making recommendations regarding the statues representing the Commonwealth in the National Statuary Hall Collection including identifying any statue to be replaced, naming an individual to be newly commemorated, selecting a sculptor to create the replacement statue, and identifying methods of obtaining the funds necessary to accomplish the replacement.
The commission shall file an initial report with its findings on or before June 1, 2024 with the Clerk of the House and the Clerk of the Senate. Said report shall be further delivered to the Governor of the Commonwealth. The commission may file additional reports.
The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds, for any of the purposes of this section. The commission may receive state appropriations or be awarded bond funds. These funds shall be deposited in a separate account with the state treasurer, to be received by the treasurer on behalf of the Commonwealth and to be expended by the commission in accordance with law.
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An Act modernizing library access to electronic books and digital audiobooks
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S2188
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SD69
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:38:51.763'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:38:51.7633333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-06T16:29:35.1366667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-17T09:34:56.2733333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-24T10:29:55.0966667'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-05-23T12:11:03'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2188/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2188) of Anne M. Gobi and Danillo A. Sena for legislation to modernize library access to electronic books and digital audiobooks. Tourism, Arts and Cultural Development.
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Chapter 78 of the General Laws is hereby amended by adding the following section:-
Section 35. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:
"Digital audiobook", a published work that has been converted into a voice recording and released in a digital audio file to be listened to on a computer, tablet, smart phone or electronic device.
"Electronic book", a text document that has been converted into or published in a digital format that is read on a computer, tablet, smart phone or electronic device.
"Publisher", a person whose business is the manufacture, promulgation or sale of books, electronic books, digital audiobooks, journals, magazines, newspapers or other literary productions, including those in digital form consisting of text, audio recording, imagery or any combination of text, audio recording and imagery.
(b) Any publisher who offers to license electronic books and digital audiobooks to the public shall offer to license the electronic books and digital audiobooks to libraries in the commonwealth on reasonable terms that would permit the libraries to provide their users with access to the electronic books and digital audiobooks. These licenses shall be available to all types of libraries in the commonwealth, including, but not limited to, school libraries, public libraries, academic libraries, and tribal libraries.
Reasonable terms shall include:
(i) A limitation on the number of users to whom the libraries may simultaneously provide access to the electronic books or digital audiobooks;
(ii) A limitation on the number of days the libraries may provide a user with access to the electronic books or digital audiobooks; and
(iii) The use of technological protection measures that would prevent a user from (1) maintaining access to the electronic books or digital audiobooks beyond the access period set forth in the license and (2) providing other users with access to the electronic books and digital audiobooks.
Reasonable terms shall not include a limitation on the number of licenses for electronic books that libraries may purchase on the same date available to the public.
(c) A violation of this section shall be deemed an unfair and deceptive trade practice in violation of section 2 of chapter 93A.
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An Act relative to the use of elephants, big cats, primates, giraffes, and bears in traveling exhibits and shows
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S2189
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SD1533
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T17:10:17.647'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T17:10:17.6466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:43:28.6633333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-09T10:53:13.4133333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T10:53:13.4133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-09T10:53:13.4133333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-09T10:53:13.4133333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-09T10:53:13.4133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-09T10:53:13.4133333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-16T11:37:03.6033333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-15T16:29:09.6066667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-16T11:37:03.6033333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-21T14:59:45.4466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T09:58:54.1466667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-13T12:27:51.3633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T12:13:55.5833333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-13T16:38:04.6166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-15T12:10:49.6433333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-08T12:26:06.2466667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-08T12:26:06.2466667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-13T09:33:08.4'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-16T10:53:30.9'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2189) of Adam Gomez, Vanna Howard, Michael O. Moore, Thomas M. Stanley and other members of the General Court for legislation relative to the use of elephants, big cats, primates, giraffes, and bears in traveling exhibits and shows. Tourism, Arts and Cultural Development.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 131A the
following chapter:-
CHAPTER 131B.
USE OF COVERED ANIMALS IN TRAVELING ANIMAL ACTS PROHIBITED.
Section 1. Definitions.
The following words shall have the following meanings unless the context clearly
requires otherwise:
“Covered animal,” any of the following animals, and hybrids thereof:
(a) Elephantidae;
(b) Felidae: lions (Panthera leo), tigers (Panthera tigris), leopards (Panthera pardus),
clouded leopards (Neofelis nebulosa and Neofelis diardi), snow leopards (Panthera uncia),
jaguars (Panthera onca), cheetahs (Acinonyx jubatus), mountain lions (Puma concolor), including any hybrids thereof;
(c) Non-human primate;
(d) Ursidae; and
(e) Giraffidae.”
“Mobile or traveling housing facility,” a transporting vehicle such as a truck, trailer or railway car, used to transport or house animals while traveling for exhibition or other performance.
“Performance,” any exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for the
entertainment, amusement, or benefit of a live audience.
“Person,” an individual, corporation, firm, partnership, joint venture, limited liability
company, estate, trust, receiver, syndicate, association, or other legal entity.
“Traveling animal act,” any performance of animals where such animals are transported to, from, or between locations for the purpose of such performance, in a mobile or traveling housing facility.
Section 2. Prohibition.
(a) To the extent that such activity is not prohibited by Section 77B of Chapter 272, and notwithstanding any other provision of law, no person shall allow for the participation of a covered animal in a traveling animal act.
(b) This chapter shall not apply to a performance that takes place at a non-mobile, permanent institution or other fixed facility, provided that the covered animal is not transported to such location for the purpose of such performance.
Section 3. Civil Penalty.
Any person who violates this chapter shall be subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000), per animal involved in the violation.
Section 4. Enforcement.
(a) Any officer or agent authorized by the department, or law enforcement officer of the state or of any unit of local government within the state may enforce the provisions of this chapter.
(b) The director of the division of fish and wildlife, department of fisheries, wildlife and environmental law enforcement may adopt rules relating to the implementation of this chapter.
SECTION 2. The provisions of this Act are in addition to, and not in lieu of, any other laws protecting animal welfare. This section may not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.
SECTION 3. If any part, section or subdivision of this chapter, or the application thereof, shall be held invalid, unconstitutional or inoperative as to any particular person, persons or conditions, the remainder hereof, or the application of any such part, section or subdivision to other persons and conditions, shall not be affected thereby.
SECTION 4. This Act shall take effect on January 1, 2024.
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An Act authorizing the town of Milton to issue a license for the sale of all alcoholic beverages to be drunk on the premises
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S219
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SD1996
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-20T11:32:44.217'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-20T11:32:44.2166667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T11:36:05.0266667'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-20T11:36:05.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S219/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 219) of Walter F. Timilty, William J. Driscoll, Jr. and Brandy Fluker Oakley (by vote of the town) for legislation to authorize the town of Milton to issue a license for the sale of all alcoholic beverages to be drunk on the premises. Consumer Protection and Professional Licensure. [Local Approval Received.]
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SECTION 1. Notwithstanding sections 11, 15 and 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the town of Milton may issue to 1 Eliot Street LLC or its successor in interest a license for the sale of all alcoholic beverages to be drunk on the premises of a restaurant located at 1 Eliot street in said town. The license shall not be transferable to another licensed premises. Said license shall be subject to all of said chapter 148, except said sections 11, 15 and 17.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'SD1996 -- Milton', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16105&title=SD1996%20--%20Milton'}]
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[]
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An Act establishing a program for local art and community engagement
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S2190
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SD2051
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-20T10:02:59.96'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-20T10:02:59.96'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-25T15:51:57.0533333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-31T10:43:38.6766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T16:28:22'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-03T10:50:27.1033333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-16T10:28:30.5333333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T14:03:21.0566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T15:08:41.05'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-09-15T11:00:04.05'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2190/DocumentHistoryActions
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 2190) of Robyn K. Kennedy, Paul W. Mark, Rodney M. Elliott, Vanna Howard and other members of the General Court for legislation to establish a program for local art and community engagement. Tourism, Arts and Cultural Development.
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SECTION 1. Section 1 of chapter 7C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of "Counties" the following definition:-
"Creative placekeeping", the active care and maintenance of a place and its social fabric by the artists and people who live and work there, including maintaining the cultural memories associated with a locale and supporting the ability of local people to maintain their way of life as they choose.
SECTION 2. Said chapter 7C, as so appearing, is hereby amended by adding the following new section:-
Section 73. There shall be established a new fund to be known as the program for local art and community engagement fund (hereinafter "the PLACE Fund") for the exclusive purpose of providing for the selection, design, creation, acquisition, installation, maintenance, and/or conservation of public art in or on commonwealth-owned, managed, or occupied buildings. The PLACE Fund shall receive its funds from the following sources: (i) no less than half of one per cent of the funds designated for the construction or substantial renovation of any commonwealth-owned, managed, or occupied building shall be allocated to the PLACE Fund for selection, design, creation, acquisition, installation, maintenance, and/or conservation of public art in or on the construction or renovation site; (ii) no less than a quarter of one per cent of state funds allocated for new building or construction projects over $200,000 and excluding funding sources already allocated specifically for arts and cultural use shall be allocated to the PLACE Fund for the selection, design, creation, acquisition, installation, maintenance, and/or conservation of public art in or on the building or construction site; and (iii) monetary donations from individuals, museums, organizations, associations, nonprofits, businesses, estates, foundations, or other entities. The PLACE Fund shall be held in trust by the department of housing and community development, which will serve as treasurer and custodian of its monies and securities.
(a) There shall be established a new commission to be known as the program for local art and community engagement commission (hereinafter “the PLACE Commission”) that shall administer, in consultation with the department of housing and community development and the mass cultural council, the PLACE Fund. By doing so, the PLACE Commission shall provide for the selection, design, creation, acquisition, installation, maintenance, and/or conservation of public art that connects communities, elevates cultures, supports community development, and advances creative placemaking strategies in cities and towns throughout the commonwealth. The PLACE Commission shall consist of the following 13 members: 1 member to be appointed by the governor and who shall be an artist or representative from a nonprofit or community organization associated with creative placekeeping or has experience with the creation and installation of public art; 1 member to be appointed by the speaker of the house of representatives and who shall be an artist or representative from a nonprofit or community organization associated with creative placekeeping or has experience with the creation and installation of public art; 1 member to be appointed by the senate president and who shall be an artist or representative from a nonprofit or community organization associated with creative placekeeping or has experience with the creation and installation of public art; the undersecretary of the department of housing and community development, or a designee, who shall serve as chair; the commissioner of capital asset management and maintenance, or a designee; the executive director of the massachusetts cultural council, or a designee; 1 member to be appointed by the president of the massachusetts college of art and design; 1 member who shall be an architect appointed by the central massachusetts chapter of the american institute of architecture; the executive director of the massachusetts municipal association, or a designee; the executive director of MassDevelopment, or a designee; the executive director of the massachusetts association of community development corporation, or a designee; the executive director of the metropolitan area planning council, or a designee; and the executive director of MASSCreative, or a designee. Members of the commission shall be citizens of the commonwealth representing geographically diverse regions and who have demonstrated a commitment to public art and/or creative placekeeping. Members shall be considered special state employees for the purposes of chapter 268A.
(b) The PLACE Commission shall administer the PLACE Fund, in consultation with the department of housing and community development and the mass cultural council, as follows: (i) establishing a process for capital projects to apply for funding; (ii) creating a set of criteria to determine the level of funding, if any, for each project applicant; (iii) working with the department of housing and community development, the division of capital asset management and maintenance, project managers and contractors to identify opportunities and locations for public art; (iv) ensuring relevance of and support for public art by convening a local advisory group for each new public art project that includes relevant local site users and community stakeholders; (v) ensuring an inventory of and maintenance plan for the public art collection; (vi) coordinating with the department of housing and community development to ensure compliance with and participation in the PLACE Fund; (vii) making curatorial decisions on a project-by-project basis; (viii) forming partnerships and relationships as relevant to the administration of the PLACE Fund, including with members of the commonwealth’s artist community, artists, cultural institutions, arts organizations and educational institutions; (ix) consulting with local art and cultural commissions; (x) promoting and encouraging public art; (xi) promoting and developing public access to and education of art installations in public facilities; (xii) coordinating with educational, arts and cultural organizations, municipalities and other organizations to provide alternative sources of funding for public art and programming for arts and cultural education; and (xiii) researching alternative funding mechanisms including public-private partnerships that may increase the total pool of funds for public art and education.
(c) The PLACE Commission shall appoint: (1) a PLACE coordinator, who shall be an employee of the department of housing and community development; and (2) a PLACE grants officer, who shall be an employee of the mass cultural council. Both positions shall have the requisite qualifications related to public arts programs and project management to administer the PLACE Fund. Persons appointed to both positions shall be considered state employees for the purpose of chapter 268A. The salaries for both positions shall be drawn from the PLACE Fund and, along with their contract, be subject to the approval of the PLACE Commission. In coordination with PLACE Commission, the PLACE coordinator and PLACE grants officer shall (i) recommend the guidelines and parameters for the PLACE Fund; (ii) coordinate the PLACE Fund, including soliciting artists, setting up proposal reviews, overseeing artists’ work and developing and managing community engagement and educational activities; (iii) research other successful funding mechanisms that increase the total pool of funds for public art; (iv) oversee the creation of a central entity to host a variety of shared resources relating to the implementation, installation, maintenance and preservation of public art; and (v) distribute the PLACE Fund as allocated by the public arts commission.
(d) Pursuant to section 21 of chapter 30B of the General Laws, public entities may as a public procurement, enter into a grant agreement with an individual to “carry out a public purpose”; and, whereas the creation of public art is a public purpose to enhance the cultural nature, historical background, and beautification of public space, the PLACE Commission shall implement a grant agreement process for public art projects using the following procedure: (1) publicize an open call for artists or call for art; (2) hold a public information session and publish written responses to all questions available to all applicants; (3) convene in order to review submitted applications; (4) select a group of finalists based on application requirements and selection criteria described in the open call; (5) solicit additional information from artists, including full project concept; (6) select a final artist or artists and enter into a grant agreement that details all terms of the project. Where artists are required to submit concepts for final selection, less than $10,000 may be allocated for concept development, to be split among artist finalists through grant agreement. Installation of artwork shall be subject to section 39M of chapter of 30 of the General Laws. At its discretion, the PLACE Commission may include a public feedback process to solicit public input on the final artist selection. The PLACE Commission shall give preference to artists residing in the commonwealth.
(e) The PLACE Commission shall be established no later than December 1, 2025. Members shall serve without compensation and shall serve for terms of 5 years. Members may be reappointed but shall not serve for more than 2 consecutive terms. The PLACE coordinator shall be a non-voting member of the PLACE Commission and shall serve as its secretary. The PLACE Commission shall meet at least quarterly and otherwise at the discretion of the chair.
(f) The commonwealth shall have sole ownership of all artworks acquired through the PLACE Fund, subject to exceptions approved by the PLACE Commission. The artist shall retain copyright of the artwork unless otherwise noted in the contract for the work.
(g) Annually, on September 1 of each year, the PLACE Commission shall provide a report describing the implementation of the PLACE Fund and awarded funds to: the secretary of administration and finance; the house committee on ways and means; the senate committee on ways and means; the joint committee on tourism, arts and cultural development; the clerk's office for the house of representatives; and the clerk's office for the senate.
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An Act relative to regional tourism councils
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S2191
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SD577
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T11:51:17.823'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T11:51:17.8233333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-26T14:50:13.0333333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-26T14:50:06.9566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T13:04:06.17'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-08T11:56:36.85'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T11:53:39.3233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T12:02:35.92'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T14:17:34.23'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-23T09:34:14.8266667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-03T11:51:32.5966667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-03T11:51:32.5966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-26T09:23:07.3166667'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2191) of Joan B. Lovely, Mathew J. Muratore, Paul W. Mark, Joanne M. Comerford and other members of the General Court for legislation relative to regional tourism councils. Tourism, Arts and Cultural Development.
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SECTION 1. Chapter 23A is hereby amended by adding the following new section:-
Section 69. Grants allocated to regional tourism councils through the Massachusetts Tourism Trust Fund established in section 13T in chapter 23A shall be distributed not later than September 1 of the fiscal year for which they are allocated.
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Resolve to establish a Massachusetts Cabo Verdean Cultural Center
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S2192
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SD2363
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:14:28.423'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:14:28.4233333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:42:35.0033333'}]
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Resolve
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By Ms. Miranda, a petition (accompanied by resolve, Senate, No. 2192) of Liz Miranda and Lydia Edwards that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to the feasibility of a Massachusetts Cabo Verdean Cultural Center in the city of Boston. Tourism, Arts and Cultural Development.
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Resolved, There shall be a special legislative commission established pursuant to section 2A of chapter 4 of the General Laws to investigate and study the feasibility of establishing a statewide Massachusetts Cabo Verdean Cultural Center in the City of Boston. The commission shall investigate and study various methods for establishing a Massachusetts Cabo Verdean Cultural Center in the City of Boston including, but not limited to, the creation of a nonprofit organization to oversee the construction and management of the Massachusetts Cabo Verdean Cultural Center to represent the over 200 years history of Cabo Verdeans in the Commonwealth of Massachusetts and shall consider the costs of each method.
Members of the commission shall represent cities or towns with Cabo Verdean people or heritage and consist of: 3 members of the house of representatives, 3 of whom shall be of Cabo Verdean descent or represent a district with a significant population of Cabo Verdean people, and 2 of whom shall be appointed by the speaker of the house of representatives, and 1 of whom shall be appointed by the house minority leader; 3 members of the senate, 3 of whom shall be of Cabo Verdean descent or represent a district with a significant population of Cabo Verdean people, 2 of whom shall be appointed by the senate president, and 1 of whom shall be appointed by the senate minority leader; 1 person to be appointed by the mayor of the city of Boston; 1 person to be appointed by the governor; and not more than 15 additional members from across the commonwealth of Massachusetts. 3 members of the House of Representatives and 3 members of the Massachusetts Senate shall consider and approve the appointments of not more than 15 additional members of the commission, who shall elect two co-chairs.
All appointments to the commission shall be made not later than June 30, 2023. The commission shall report its findings, including any recommendations for legislation, to the clerks of the house of representatives and the senate not later than December 31, 2024.
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An Act to create the title of musician laureate of the Commonwealth of Massachusetts
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S2193
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SD473
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:15:10.48'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:15:10.48'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T10:40:43.4666667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2193) of Patrick M. O'Connor and Rebecca L. Rausch for legislation to create the title of musician laureate of the Commonwealth of Massachusetts. Tourism, Arts and Cultural Development.
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Chapter 6 of the General Laws is hereby amended by inserting after Section 38, the following section:-
Section XX. (a) Biennially, on or before March 31, the governor may appoint a Musician Laureate for the Commonwealth of Massachusetts from a list of nominees submitted by the Musician Laureate Nominating Committee pursuant to subsection (b). The Musician Laureate may choose to write and/or perform music to commemorate important events, such as ceremonial occasions, celebrations, and state anniversaries as appropriate. The individual may also act as the governor's adviser in musical matters. The Musician Laureate shall also represent the state's musical legacy. The Musician Laureate shall be appointed to serve for a term of 2 years or until a successor is appointed and qualified as provided in this section. There shall be no restriction on reappointment. In the event of a vacancy in the office of Musician Laureate, the vacancy shall be filled in the same manner as the original appointment.
(b) There shall be a Musician Laureate Nominating Committee consisting of the following 5 members: the Speaker of the House of Representatives, or a designee; the Senate President, or a designee; and 3 members appointed by the governor, 1 of whom shall be a member of the board of directors of the Massachusetts Cultural Council. Members of the Musician Laureate Nominating Committee shall serve without compensation.
(c) The Musician Laureate Nominating Committee shall advertise and receive nominations submitted by citizens of the Commonwealth of Massachusetts for the selection of the Musician Laureate. Nominees shall be residents of the Commonwealth and shall provide biographical and professional information. The Musician Laureate Nominating Committee shall review all nominations and select 3 nominees on the basis of their overall excellence and their dedicated commitment to the arts in Massachusetts. Nominees should represent the state's diverse musical community. The Musician Laureate Nominating Committee shall submit the 3 nominees to the governor biennially on or before February 1.
(d) The Musician Laureate shall be an honorary position and the person appointed shall receive no monetary remuneration from the Commonwealth of Massachusetts. The person appointed to the position of Musician Laureate shall not be considered a state official or a state employee for such person's service in the position of Musician Laureate.
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An Act establishing a program to increase cultural equity in tourism promotion and marketing
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S2194
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SD2007
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T01:30:36.523'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T01:30:36.5233333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-20T11:46:01.71'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-02T09:22:09.5466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:26:11.0433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T13:11:25.8666667'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2194) of Jacob R. Oliveira, Patricia A. Duffy, Brian M. Ashe, Patrick M. O'Connor and others for legislation to establish a program to increase cultural equity in tourism promotion and marketing. Tourism, Arts and Cultural Development.
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Chapter 23A is hereby amended by inserting after section 13U the following section:-
Section 13V. (a) There shall be established a grant program to be known as the cultural tourism marketing fund program for financial assistance to arts organizations, cultural groups and historic sites for tourism marketing and promotion. The program shall be administered by the Massachusetts office of travel and tourism, in consultation with the Massachusetts cultural council. The program will provide financial support for arts organizations, cultural groups and historic sites to attract and increase local and regional tourism economic activity to their events and locations.
(b) Funds from the cultural tourism fund program shall be used to strengthen and elevate the cultural, geographic and creative diversity in the commonwealth. Individual grants amounts shall be determined by the Massachusetts office of travel and tourism in coordination with the Massachusetts cultural council and grants shall be distributed according to criteria that shall include, but shall not be limited to: (i) geographic diversity; (ii) cultural diversity; (iii) inclusion of programs that seek to amplify the stories of historically marginalized or underrepresented cultures; (iv) the percentage of the applicant’s existing expenditures on marketing and promotional activities; provided, however, that the program shall prioritize entities that demonstrate a lack of existing resources for marketing and promotional activities.
Eligible grant expenditures shall include: tourism publications, videos, CDs and DVDs, media advertisements, billboards and signage, brochure distribution services, consumer travel show expenses, group tour marketplace expenses, meeting or convention and sports marketing trade shows and expo expenses, media press kits, sponsorship of tourism trade shows and events, bid fees to assist in bringing events sciences; web site design expenses; and for-profit creative businesses that are headquartered in the commonwealth that provide marketing services and focus on the state.
Eligible grant recipients shall be: nonprofit organizations whose primary mission is the promotion of arts, culture, the humanities or interpretive sciences; nonprofit and for profit entities who produce and present art, culture, the humanities or interpretive sciences; and co-operatives or partnerships that include not less than 70 per cent artists, creative workers or culture workers.
(c) Funding for the cultural tourism marketing fund program shall be equal to at least 1 per cent of the annual receipts of the Tourism Fund.
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Resolve relative to State House restoration and management commission
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S2195
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SD2170
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T14:10:25.943'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T14:10:25.9433333'}]
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Resolve
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By Mr. Oliveira, a petition (accompanied by resolve, Senate, No. 2195) of Jacob R. Oliveira that provisions be made for an investigation and study by a special commission (including members of the General Court) to establish a State House restoration and management commission. Tourism, Arts and Cultural Development.
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Resolved, there shall be a special commission to formulate and develop a master plan and program to restore and preserve the Massachusetts State House and Grounds.
The commission shall consist of the following members: the president of the senate or designee, the speaker of the house or designee, the house and senate minority leaders or designees, the executive director for the Massachusetts Office of Travel and Tourism, the president of the Boston Society for Architecture, one member with experience in historic preservation shall be appointed by the governor, one member with experience in historic preservation shall be appointed by the secretary of the commonwealth, one member with experience in historic preservation shall be appointed by the secretary of Housing and Economic Development.
The commission shall establish the following (a) policy controlling the furnishings, including, but not limited to, wall, floor, and window coverings of the State House; (b) policy governing the maintenance of the State House; (c) policy governing the use of the State House for any nongovernmental activities; (d) policy relative to historical commemorative additions and improvements on such as statues and monuments, (e) approve such historical commemorative additions and improvements as may come with such policy; (f) establish a tourism plan for the State House.
The commission will provide a report by January 2024 with findings and recommendations of the overall management and restoration of the State House.
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An Act establishing a choreographer laureate of the commonwealth
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S2196
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SD2382
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T16:23:53.033'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T16:23:53.0333333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2196) of Rebecca L. Rausch for legislation to establish a choreographer laureate of the commonwealth. Tourism, Arts and Cultural Development.
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Chapter 2 of the General Laws is hereby amended by inserting the following new section:-
Section 64. (a) The governor may appoint a resident of the commonwealth to serve as choreographer laureate of the commonwealth, selected from a list of nominees submitted by the choreographer laureate nominating committee established in this section. The choreographer laureate shall seek to encourage participation in the arts, elevate the dance legacy and current dance communities in the commonwealth, and choreograph performances for important state events and ceremonies. The choreographer laureate shall be appointed to serve for a term of 4 years and may be reappointed for a second term. A choreographer laureate vacancy shall be filled in the same manner as the original appointment.
(b) (i) There shall be a choreographer laureate nominating committee consisting of the following 5 members: the executive director of the Massachusetts cultural council, or their designee, who shall serve as chair; the executive and artistic director of Jacob’s Pillow Dance Festival, Inc., or their designee; the executive artistic director of The Dance Complex, or their designee; the president of New England Presenters, or their designee; and a member of the Boston Ballet company, selected by the chair. Nominating committee members shall serve without compensation.
(ii) Not less than 5 months prior to the expiration of the then-current choreographer laureate’s tenure, the nominating committee shall conduct culturally competent and linguistically diverse public outreach and receive nominations of potential candidates for selection as choreographer laureate. Self-nominations and nominations from members of the nominating committee shall be permitted. Nominees shall be residents of the commonwealth who are presently or were previously engaged in the art of choreography and who has produced a body of choreographic work. Nominations shall include biographical and professional information about the nominee.
(iii) The nominating committee shall review all nominations and select 3 nominees based on their overall excellence and demonstrated commitment to the arts in the commonwealth. Nominees should represent the commonwealth’s diverse dance community. The nominating committee shall submit the 3 nominees to the governor not less than 4 weeks prior to the expiration of the then-current choreographer laureate’s tenure, or as soon as possible in the event of a vacancy.
(c) (i) The choreographer laureate shall be an honorary position and the person appointed shall receive no remuneration from the commonwealth. The person appointed to the position of choreographer laureate shall not be considered a state official or a state employee for such person’s service in the position.
(ii) The choreographer laureate shall be entitled to reimbursement for expenses incurred in the performance of duties as choreographer laureate, not exceeding $1,000 per fiscal year of the commonwealth.
(iii) Dancers and support staff selected by the choreographer laureate for performances at important state events and ceremonies, consistent with the provisions of paragraph (a) of this section, shall be entitled to market value compensation.
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An Act relative to the use of elephants, big cats, primates, giraffes, and bears in traveling exhibits and shows
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S2197
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SD1443
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-19T16:19:06.157'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-19T16:19:06.1566667'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T08:42:11.9633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T09:59:29.14'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-05T16:35:39.03'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-07T13:04:48.5'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-16T07:19:23.8033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-15T16:59:40.0366667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-11T07:14:01.99'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-03T18:10:10.3366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:35:30.65'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-15T15:12:51.45'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T15:03:48.1'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-06-30T08:40:32.4333333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-07-27T15:33:41.69'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-07-25T19:20:12.6033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-08T09:41:34.94'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:00:02.7'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-05T16:50:51.8866667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-09T13:58:01.39'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T11:10:43.7866667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-03-07T11:33:23.7666667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T09:44:59.5766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-14T18:04:04.2433333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-12T16:46:47.06'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2197) of Bruce E. Tarr, Edward J. Kennedy, Jack Patrick Lewis, Vanna Howard and other members of the General Court for legislation relative to the use of elephants, big cats, primates, giraffes, and bears in traveling exhibits and shows. Tourism, Arts and Cultural Development.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 131A the following chapter:-
CHAPTER 131B.
USE OF COVERED ANIMALS IN TRAVELING ANIMAL ACTS PROHIBITED.
Section 1. Definitions.
The following words shall have the following meanings unless the context clearly requires otherwise:
“Covered animal,” any of the following animals, and hybrids thereof:
(a) Elephantidae;
(b) Felidae: lions (Panthera leo), tigers (Panthera tigris), leopards (Panthera pardus), clouded leopards (Neofelis nebulosa and Neofelis diardi), snow leopards (Panthera uncia), jaguars (Panthera onca), cheetahs (Acinonyx jubatus), mountain lions (Puma concolor), including any hybrids thereof;
(c) Non-human primate;
(d) Ursidae; and
(e) Giraffidae.”
“Mobile or traveling housing facility,” a transporting vehicle such as a truck, trailer or railway car, used to transport or house animals while traveling for exhibition or other performance.
“Performance,” any exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for theentertainment, amusement, or benefit of a live audience.
“Person,” an individual, corporation, firm, partnership, joint venture, limited liability company, estate, trust, receiver, syndicate, association, or other legal entity.
“Traveling animal act,” any performance of animals where such animals are transported to, from, or between locations for the purpose of such performance, in a mobile or traveling housing facility.
Section 2. Prohibition.
(a) To the extent that such activity is not prohibited by Section 77B of Chapter 272, and notwithstanding any other provision of law, no person shall allow for the participation of a covered animal in a traveling animal act.
(b) This chapter shall not apply to a performance that takes place at a non-mobile, permanent institution or other fixed facility, provided that the covered animal is not transported to such location for the purpose of such traveling animal act performance. Section 3. Civil Penalty.
Any person who violates this chapter shall be subject to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000), per animal involved in the violation.
Section 4. Enforcement.
(a) Any officer or agent authorized by the department, or law enforcement officer of the state or of any unit of local government within the state may enforce the provisions of this chapter.
(b) The director of the division of fish and wildlife, department of fisheries, wildlife and environmental law enforcement may adopt rules relating to the implementation of this chapter.
SECTION 2. The provisions of this Act are in addition to, and not in lieu of, any other laws protecting animal welfare. This section may not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.
SECTION 3. If any part, section or subdivision of this chapter, or the application thereof, shall be held invalid, unconstitutional or inoperative as to any particular person, persons or conditions, the remainder hereof, or the application of any such part, section or subdivision to other persons and conditions, shall not be affected thereby.
SECTION 4. This Act shall take effect on January 1, 2024.
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An Act to convert the state government fleet to electric vehicles
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S2198
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SD1492
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:48:53.61'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:48:53.61'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 2198) of Michael J. Barrett for legislation to convert the state government fleet to electric vehicles. Transportation.
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SECTION 1. Chapter 448 of the acts of 2016 is hereby amended by inserting after section 6 the following 2 sections:-
Section 6A. (a) The Massachusetts Department of Transportation, in consultation with the executive office of energy and environmental affairs, the executive office for administration and finance and, where appropriate, the Massachusetts Bay Transportation Authority, Massachusetts Port Authority and Massachusetts Water Resources Authority, shall create and maintain an inventory of motor vehicles owned or leased by the commonwealth and shall plan to convert said vehicles to zero-emission vehicles. The inventory shall include a critical replacement list consisting of non-zero emission vehicles such that, if the non-zero emission vehicle needs to be replaced, replacement with a zero-emission vehicle is operationally feasible and results in a positive lifecycle cost benefit. The critical replacement list shall include, but not be limited to, vehicles that are approaching the end of their useful lives or are otherwise reasonable candidates for replacement and whose replacement presents a high or medium priority opportunity for near-term electrification as indicated in the study completed pursuant to section 6 and published on December 22, 2017 or any successive analysis or study required by law or commissioned by the Massachusetts Department of Transportation or the department of energy resources. Not less than every 3 years, the Massachusetts Department of Transportation, in consultation with the executive office of energy and environmental affairs and the executive office for administration and finance, shall revise and update the analysis of opportunities for near-term electrification of vehicles owned, purchased or leased by the commonwealth. For the purposes of this section, “commonwealth” shall include, but not be limited to, the Massachusetts Bay Transportation Authority, Massachusetts Port Authority and Massachusetts Water Resources Authority, but shall not include municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B. Nothing in this section shall prevent or limit the commonwealth from purchasing a zero-emission vehicle for a vehicle or purpose not identified on the critical replacement list. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust emissions.
(b) Not later than January 1, 2025, each purchase or lease by the commonwealth of a motor vehicle identified on the critical replacement list under subsection (a) by the commonwealth, including, but not limited to, the Massachusetts Port Authority and Massachusetts Water Resources Authority, but not including the Massachusetts Bay Transportation Authority, municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B, shall be a zero-emission vehicle. The commonwealth shall prioritize the deployment of zero-emission vehicles in underserved communities and communities with a high percentage of low-income households. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust carbon emissions.
(c) Not later than 12 months from the effective date of this act, the Massachusetts Department of Transportation, in consultation with the department of energy resources and the intergovernmental coordinating council established in section 81 of Chapter 179 of the Acts of 2022, shall develop recommendations for the siting of zero-emission vehicle charging facilities to serve state-owned or leased zero-emission vehicles and zero-emission passenger buses across the commonwealth. The recommendations shall consider locations across the commonwealth, including within municipal light plant territories, the benefit and potential cost savings to ratepayers of various locations, and whether to allow access to said charging facilities to members of the general public.
Section 6B. The Massachusetts Department of Transportation, in consultation with the department of energy resources, shall conduct, publish and periodically update a study of the opportunities for near-term electrification of vehicles owned or leased by municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B. The study shall include, but not be limited to: (a) an analysis of the cost of vehicle electrification, associated equipment and supplies and possible methods of meeting such costs, including, but not limited to, state financial support, federal financial support and procurements by regional planning agencies and other entities made up of local and regional governments; (b) recommendations for the allowance within the fleets of non-electric emergency vehicles; and (c) opportunities to pair electrification with renewable energy resources, energy storage or demand response technology and policy. The Department of Transportation shall publish the study on its website not later than 18 months after the effective date of this section and shall thereafter publish revisions of the study on its website not less than every 3 years. The study and subsequent revisions shall be submitted to the clerks of the senate and house of representatives, the joint committee on transportation and the joint committee on telecommunications, utilities and energy and posted on the department of energy resource’s website.
SECTION 2. The motor vehicle inventory required by section 6A of chapter 448 of the acts of 2016 shall be established not later than 12 months from the effective date of this act.
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An Act amending the statutory responsibilities of the Department of Public Utilities and establishing a commission on transportation safety oversight and regulation
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S2199
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SD2378
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T16:22:16.977'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T16:22:16.9766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:35:33.2966667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-03T09:15:06.5966667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-03T11:18:21.4966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T14:19:52.3233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:46:42.9433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T15:08:17.89'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-05-04T13:00:29.1566667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-06-05T09:11:59.76'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 2199) of Michael J. Barrett, Lindsay N. Sabadosa, John F. Keenan, Jason M. Lewis and other members of the General Court for legislation to amend the statutory responsibilities of the Department of Public Utilities and establishing a commission on transportation safety oversight and regulation. Transportation.
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SECTION 1. Section 4A of chapter 25 of the General Laws is hereby amended by striking out the words “No public hearing on a discontinuance of service by a common carrier of passengers by motor vehicle shall take place until the expiration of thirty days from notice thereof to the public in the city, town or area affected thereby, and such notice shall be given in the manner provided by section three of chapter thirty A.”
SECTION 2. Section 5C of said chapter 25 is hereby repealed.
SECTION 3. Section 7 of said chapter 25 is hereby repealed.
SECTION 4. Section 8 of said chapter 25 is hereby repealed.
SECTION 5. Section 10B of said chapter 25 is hereby amended by striking out the words “, or a contract filed under section seven of chapter one hundred and fifty-nine B, and for filing an application for a permit for special service, under section eleven A of chapter one hundred and fifty-nine A”
SECTION 6. Said section 10B of said chapter 25 is hereby further amended by striking out the words “, other than one required to be filed under section seven of chapter one hundred and fifty-nine B, required by law to be filed with the department, and for filing an appeal to the commission from a ruling or decision of the director of the transportation division, under section twelve F of this chapter”
SECTION 7. Said section 10B of said chapter 25 is hereby further amended by striking out the words “For filing each application for a certificate of public convenience and necessity under chapter one hundred and fifty-nine A, for the issuance of a license for charter service under chapter one hundred and fifty-nine A, or”
SECTION 8. Section 12F of said chapter 25 is hereby repealed.
SECTION 9. Section 12G of said chapter 25 is hereby repealed.
SECTION 10. Section 12R of said chapter 25 is hereby repealed.
SECTION 11. Section 23 of said chapter 25 is hereby repealed.
SECTION 12. Section 3(i) of chapter 161A of the General Laws is hereby amended by striking out the words “department of telecommunications and energy” and inserting in place thereof the following words:- commission on transportation safety oversight and regulation established in chapter 22F.
SECTION 13. Said section 3(i) of said chapter 161A is hereby further amended by striking out, in line 84, the word “department” and inserting in place thereof the following word:- commission
SECTION 14. The General Laws are hereby amended by inserting after chapter 22E the following chapter:-
Chapter 22F. Section 1. (a) There is hereby established the commission on transportation safety oversight and regulation, hereinafter the commission, composed of 7 members. The commission shall be an independent public entity not subject to the supervision or control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth.
(b) The commission shall include: 1 member, who shall be appointed by the governor from a list of 3 nominees created jointly by the attorney general and the executive director of the MBTA Advisory Board and who shall serve as chair; and 6 other members, 3 of whom shall be appointed by the president of the senate, at least 1 of whom shall have experience in transportation safety, operations or planning or a relevant engineering discipline and at least 1 of whom shall have experience in public finance, and 3 of whom shall be appointed by the speaker of the house, at least 1 of whom shall have experience in transportation safety, operations or planning or a relevant engineering discipline and at least 1 of whom shall have experience in public finance.
(c) The person initially appointed by the governor as chair shall serve for a term of 3 years. The person initially appointed by the president of the senate with experience in transportation safety, operations or planning or a relevant engineering discipline shall serve for a term of 4 years. The person initially appointed by the president of the senate with experience in public finance shall serve for a term of 5 years. The other person initially appointed by the president of the senate shall serve for a term of 2 years. The person initially appointed by the speaker of the house with experience in transportation safety, operations or planning or a relevant engineering discipline shall serve for a term of 5 years. The person initially appointed by the speaker of the house with experience in public finance shall serve for a term of 4 years. The other person initially appointed by the speaker of the house shall serve for a term of 2 years. After initial appointments, members shall serve for terms of 5 years.
(d) Members shall be eligible for reappointment.
(e) Members may be removed by a majority vote of the governor, president of the senate and speaker of the house for substantial neglect of duty, inability to discharge the powers and duties of office, gross misconduct or conviction of a felony.
(f) Any vacancy occurring on the commission shall be filled within 90 days by the original appointing authority. A person appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed for the unexpired term of the member they succeed.
(g) The commission shall elect a vice chair. The vice chair shall act as chair in the absence of the chair or in the event of a vacancy in that position.
(h) 4 members of the commission shall constitute a quorum, and 4 affirmative votes shall be required for any action or recommendation of the commission; the chair or any 4 members of the commission may call a meeting.
(i) Meetings of the commission shall be held as frequently as the commission determines, but in no event less than quarterly.
(j) Meetings of the commission shall be subject to sections 18 to 25, inclusive, of chapter 30A. The commission shall also be subject to all other provisions of said chapter 30A, and records pertaining to the administration of the commission shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the commission shall be considered public funds for purposes of chapter 12A. Except as otherwise provided in this section, the operations of the commission shall be subject to chapter 268A and chapter 268B.
(k) The commission shall adopt a policy on conflict of interest consistent with the regulations issued under 49 USC § 5329, as they may be revised from time to time, which, among other things, places appropriate separation between members, employees, contractors and agents of the commission and the Massachusetts Bay Transportation Authority, hereinafter the Authority.
(l) Members of the commission shall be compensated for work performed for the commission at such rate as the secretary of administration and finance shall determine and shall be reimbursed for their expenses.
Section 2. (a) The commission shall employ an executive director, a general counsel and, subject to appropriation, may employ such other staff, including but not limited to, engineers, accountants, statisticians, investigators, attorneys, clerks and assistants, as are necessary to carry out its duties pursuant to this chapter and may determine their salaries and duties; provided, that the total amount of all such salaries shall not exceed the sum appropriated therefor by the general court. The staff shall serve at the pleasure of the commission and shall not be subject to the provisions of chapter 31 or section 9A of chapter 30. The executive director shall be responsible for the administrative operation of the commission and shall perform such other tasks as the commission shall determine. The general counsel shall be the chief legal officer of the commission. The commission may also employ, subject to appropriation, the services of experts and consultants as are necessary to carry out its duties pursuant to this chapter.
(b) The commission may assign to all employees, contractors or agents such duties as it shall from time to time deem advisable, but all acts of such employees, contractors or agents shall be done under the supervision and control of, and subject to revision by, the commission.
Section 3. The chair shall have and exercise supervision and control over all the affairs of the commission. They shall preside at all hearings at which they are present and shall designate a commissioner to act as chair in their absence. They shall not, except as is otherwise provided herein, be charged with any administrative functions. In order to promote efficiency in administration, they shall from time to time make such division or redivision of the work of the commission among the commissioners as they deem expedient. All of the commissioners shall, if so directed by the chair, participate in the hearing and decision of any matter coming before the commission. In the hearing of all matters other than those of formal or administrative character coming before the commission, at least 4 commissioners shall participate, and in the decision of all such matters, at least 4 commissioners shall participate; provided, that any such matter may be heard, examined and investigated by an employee of the commission designated and assigned thereto by the chair with the concurrence of 3 other commissioners. Such employee shall make a report in writing relative to every such matter to the commission for its decision thereon. For the purposes of hearing, examining and investigating any such matter, such employee shall have all of the powers conferred upon a commissioner. In every such case, the concurrence of a majority of the commissioners participating in the decision shall be necessary therefor.
Section 4. For the purpose of this chapter, the commission shall be authorized and empowered to:
(a) develop a plan of operation, which shall include, but not be limited to, operating procedures;
(b) make, amend and repeal rules and regulations for the management of its affairs;
(c) make all contracts and execute all instruments necessary or convenient for carrying on its business, including, but not limited to, contracts or instruments associated with agreements or transactions with any federal, state or municipal agency, other public institution or private individual, partnership, firm, corporation, association or other entity, including, but not limited to, professional service firm;
(d) acquire, own, hold, dispose of and encumber personal property and lease real property in the exercise of its powers and performance of its duties;
(e) seek and receive grant funding from the federal government, departments or agencies of the commonwealth and private foundations;
(f) maintain a prudent level of reserve funds to protect the solvency of any trust funds under its operation and control;
(g) enter into interdepartmental agreements with any other state agencies it considers necessary to implement this chapter;
(h) adopt an official seal and alter the same;
(i) sue and be sued in its own name, plead and be impleaded;
(j) establish lines of credit and establish 1 or more cash and investment accounts to receive payments for services rendered, appropriations from the commonwealth and for all other business activity authorized by this chapter except as limited by any applicable provision of the Employee Retirement Income Security Act of 1974; and
(k) approve the use of its trademarks, brand names, seals, logos and similar instruments by participating carriers, employers or organizations.
Section 5. The commission shall, pursuant to the provisions of chapter 30A, promulgate rules and regulations to facilitate the conduct of its operations, perform its functions and govern its proceedings.
Section 6. The commission shall secure the public’s interest in the safe and reliable operation throughout the commonwealth of mass transportation systems and common carriers by (a) overseeing the safety and operations of the Authority, and serving as the state safety oversight agency for Massachusetts, pursuant to 49 USC § 5329; (b) regulating the rates and practices of common carriers used to transport passengers and property, including trucks, railways, buses, household moving companies, towing companies and hazardous waste companies; (c) licensing all intrastate Massachusetts-based motor bus companies; and (d) overseeing rideshare companies, rideshare services and rideshare drivers in Massachusetts.
Section 7. The commission shall: (a) with respect to its oversight of safety and operations for the Authority:
(1) develop, adopt, revise and distribute a written state safety oversight program standard that complies with 49 CFR Part 674, as it may be revised from time to time;
(2) review, approve, oversee and enforce the adoption and implementation of the Authority’s Public Transportation Agency Safety Plan, as defined in 49 CFR Part 674;
(3) investigate any allegation of noncompliance by the Authority with said Public Transportation Agency Safety Plan;
(4) audit every 3 years the compliance of the Authority with said Public Transportation Agency Safety Plan or conduct such an audit on an ongoing basis over a 3-year time frame;
(5) investigate or require an investigation of any hazard, as defined in 49 CFR Part 674, incident as defined in 49 CFR Part 674, or accident as defined in 49 CFR Part 674;
(6) require, review, approve, oversee and enforce the adoption and implementation by the Authority of any corrective action plans, as defined in 49 CFR Part 674, that the commission deems appropriate;
(7) publish on its website all adopted accident reports, required by 49 CFR Part 674, triennial review reports, required by 49 CFR Part 674, and open corrective action plans;
(8) prepare and publish annually a status report on the safety and operations of the Authority, which report shall include, among other information and materials that may be required by the commission or state and federal law and regulation, status updates of outstanding corrective action plans, commission directives and ongoing investigations; provided, that the commission shall supply a copy of said report to the governor, the board of directors of the Authority, the clerks of the house of representatives and the senate and the chairs of the joint committee on transportation; provided further, that the commission shall publish a copy of said report on its website; and
(9) implement and enforce other federal and state laws and regulations relating to the safety and operations of the Authority;
(b) promulgate, and revise from time to time, rules and regulations for the transportation by rail of hazardous materials in the commonwealth, which regulations shall be consistent with any federal regulations in effect;
(c) (1) audit from time to time, at its discretion, all companies subject to its jurisdiction, which audits may include, but shall not be limited to, a review of the following documents: all financial statements, the balance sheet, the income statement, the statement of cash flows, the statement of retained earnings, the notes to the financial statements, information in annual tax returns, documents concerning reconciling mechanisms related to rates, prices, charges or costs and savings related to a merger, acquisition or consolidation within 3 years after the merger, acquisition or consolidation and documents concerning service quality statistics and service quality performance at least every 3 years or whenever service quality penalties equal to or exceed 50 percent of the maximum;
(2) upon written complaint of the attorney general requesting an independent audit of a company subject to the commission’s jurisdiction, commence a proceeding within 30 days of receipt of said complaint for the purpose of ordering the requested audit in a reasonable time, which audit shall be filed promptly with the commission and shall be paid for by the company that is the subject of the audit;
(d) perform such functions as are necessary for the administration and enforcement of chapter 159A;
(e) promulgate, and revise from time to time, rules and regulations and perform such other functions as are necessary for the administration, implementation and enforcement of chapter 159A½; and
(f) perform such functions as are necessary for the administration and enforcement of chapter 159B.
Section 8. With respect to its duties relative to common carriers, the commission may expend annually such sums as it may from time to time deem necessary to perform its duties, including to procure opinions, advice, plans, surveys, appraisals, audits, examinations, statistics, information, apparatuses, instruments, books, tables, maps, drawings, supplies and sundries and to travel within or without the commonwealth and to cover expenses incidental thereto. The commission may also from time to time cause to be made a compilation with annotations of the statutes of the commonwealth relating to common carriers.
Section 9. With respect to its oversight of safety and operations for the Authority, the commission may:
(a) conduct or cause to be conducted through the issuance of subpoenas or other reasonable means, inspections, investigations, examinations or testing of Authority employees, contractors or agents, property, equipment, facilities, rolling stock or operations of the Authority rail system, including, but not limited to, electronic information and databases;
(b) enter upon the Authority rail or bus system and, upon reasonable notice and a finding by the chair that the need exists to oversee safety and operations for the Authority, upon any lands, waters or premises adjacent to the Authority rail or bus system, for the purpose of conducting inspections, investigations, examinations or testing, which entry shall not be deemed a trespass; provided, that the commission shall make reasonable reimbursement for any actual damage resulting to any such adjacent lands, water, or premises resulting from such activities;
(c) compel the Authority’s compliance with any corrective action plan or order of the commission by such means as the commission deems appropriate, including but not limited to, by: (1) issuing fines with funds going into the Transit Safety Fund; (2) directing the Authority to prioritize spending on safety-critical items; (3) removing safety hazards from the Authority rail or bus system; or (4) compelling the Authority, in compliance with this chapter, to restrict, suspend or prohibit service on all or part of the Authority rail or bus system;
(d) direct the Authority to suspend or disqualify from performing in any safety sensitive position an individual who is alleged to or who has violated safety rules, regulations, policies or laws; provided, that “safety sensitive position” shall mean any position held by an Authority employee, contractor or agent designated in the Public Transportation Agency Safety Plan for the Authority and approved by the commission as directly or indirectly affecting the safety of the passengers or employees of the Authority; and
(e) take such other action, consistent with its powers, as the commission may deem necessary to oversee safety and operations for the Authority.
Section 10. Upon request of the mayor of a city, the member of the select board of a town, member of the general court or 20 customers of the company affected, a public hearing ordered by the commission, to be held in connection with any change in rates or reduction in or discontinuance of service, shall be held in the city or town or area wherein the company affected does business or in which any decision of the commission would apply. No public hearing on a discontinuance of service by a common carrier of passengers by motor vehicle shall take place until the expiration of 30 days from notice thereof to the public in the city, town or area affected thereby, and such notice shall be given in the manner provided by section 3 of chapter 30A. The commission shall, at least 14 days prior to holding any public hearing under this section, notify in writing the mayor of each city and the members of the select board of each town in which the company does business of the time and place of such hearing.
Section 11. When so requested by any interested party, the commission shall rule upon any question of substantive law properly arising in the course of any proceeding before the commission or any member or members thereof, and any interested party aggrieved by such ruling may object thereto and may secure a review as hereinafter provided. Any failure or refusal of the commission to rule upon such question at or prior to the entry of a final order or decision shall be taken and recorded as a ruling adverse to the party requesting the ruling. An appeal as to matters of law from any final decision, order or ruling of the commission may be taken to the supreme judicial court by an aggrieved interested party by the filing of a written petition praying that the order of the commission be modified or set aside in whole or in part.
Such petition for appeal shall be filed with the secretary of the commission within 20 days after the date of service of the decision, order or ruling of the commission or within such further time as the commission may allow upon request filed prior to the expiration of the 20 days after the date of service of said decision, order or ruling. The commission shall serve such decision, order or ruling upon all interested parties by mailing, postpaid, within 1 day of its being entered, and service shall be presumed to have occurred in the normal course of delivery of such mail. Within 10 days after such petition has been filed, the appealing party shall enter the appeal in the supreme judicial court sitting in Suffolk county by filing a copy thereof with the clerk of said court and therewith a certificate that they are of the opinion that there is such probable ground for the appeal as to make it a fit subject for judicial inquiry and that it is not intended for delay; and double costs may be assessed by the court upon any such party whose petition shall appear to the court not to be a fit subject for judicial inquiry or shall appear to be intended for delay.
The record on appeal shall include 1 copy of the petition of the appellant or other original papers and the decision, order or ruling of the commission; and if and to the extent that either the commission or the appellant or any other party to the proceedings so requests within 20 days from filing the petition for appeal with the commission, it shall include 1 copy of the exhibits and documents introduced in the proceeding before the commission, the official report of the proceedings and the findings of fact of the commission. The secretary of the commission shall make an estimate of the expense of the preparation and transmission of the necessary papers and copies of papers aforesaid and shall give the appellant notice in writing of the amount of such estimate. The appellant, within 20 days after the date of such notice from the secretary, shall pay them the amount of such estimate and such further amount beyond such estimate as the secretary shall find to be then due for such preparation. The secretary then without delay shall prepare the papers and copies of papers aforesaid for transmission, and when they are ready, shall give notice in writing of such fact to the appellant who, within 5 days after the date of such notice, shall pay to the secretary any balance then due therefor. The record on appeal shall then be certified to the supreme judicial court by the secretary of the commission. The commission or the supreme judicial court or any justice or judge thereof may for cause shown extend the time for doing any of the acts required by this paragraph. The supreme judicial court may order the transmission of the original or a copy of any paper not appearing in the record, or appearing therein in an abbreviated form, if at any time such omitted paper or any omitted part of such abbreviated paper becomes material.
Each claim of appeal shall set forth separately and particularly each error of law asserted to have been made by the commission. Upon the entry of the appeal, it shall be heard and determined by the court, which shall have jurisdiction to affirm, modify or set aside such decision, order or ruling of the commission in whole or in part or remand the proceeding to the commission with instructions subject to review by the full court upon appeal.
Any decision, order or ruling of the commission shall be effective and may be enforced according to its terms, and the operation or enforcement thereof shall not be suspended or stayed by the entry of an appeal therefrom. The procedure before the court, except as otherwise set forth herein, shall be that prescribed by its rules, which shall state upon what terms the operation or enforcement of the decision, order or ruling shall be stayed. Any stock, bonds, debentures, convertible debentures, coupon notes, notes or other evidences of indebtedness issued pursuant to and in accordance with a decision, order or ruling of the commission shall, if issued more than 60 days after the date of service of such decision, order or ruling, be valid and binding in accordance with their terms notwithstanding whether such decision, order or ruling of the commission is later modified or set aside in whole or in part unless the operation or enforcement of such decision, order or ruling has been suspended or stayed by the court prior to such issuance.
The burden of proof shall be upon the appealing party to show that the decision, order or ruling of the commission appealed from is invalid.
No evidence beyond that contained in the record shall be introduced before the court, except that in cases where issues of confiscation or of constitutional right are involved, the court may order such additional evidence as it deems necessary for the determination of such issues to be taken before the commission and to be adduced at the hearing in such manner and upon such terms and conditions as the court may deem proper. Whenever the court shall order additional evidence to be taken, the commission shall promptly hear and report such evidence to the court so that the proof may be brought as nearly as reasonably possible down to the date of its report thereof to the court. The commission may, after hearing such evidence, modify its findings as to facts and its original decision or orders by reason of the additional evidence so taken, and it shall file with the court such amended decision or orders and such modified or new findings. If the commission modifies or amends its original decision or orders, the appealing party or any other party aggrieved by such modified or amended decision or order may file with the court, within such time as the court may allow, a specification of any errors of law claimed to have been made by the commission in such modified decision or orders, which specification of errors shall thereupon be considered by the court in addition to the errors of law asserted in the claim of appeal.
The supreme judicial court shall also have jurisdiction upon application of the commission to enforce all orders of the commission.
Section 12. In all investigations and inquiries authorized by law to be made by the commission and in all proceedings before it, any commissioner may summon witnesses, administer oaths or take testimony. The fees of such witnesses for attendance and travel shall be the same as for witnesses before the superior court and shall be paid by the commonwealth upon the certificate of the commission filed with the comptroller. The fees of such witnesses need not be paid or tendered to them prior to their attendance and testimony. Subpoenas may be issued at the instance of a complainant, respondent or any other party to any proceeding before the commission under such rules as it may establish, in which case, the cost of service and the fees of witnesses shall be borne by the party at whose instance the witness is summoned, and such fees shall be paid to the witnesses as provided in the case of witnesses before the superior court.
Section 13. Notwithstanding the provisions of clause twenty-sixth of section 7 of chapter 4 and section 10 of chapter 66, the commission may protect from public disclosure trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted pursuant to this chapter. There shall be a presumption that the information for which such protection is sought is public information, and the burden shall be upon the proponent of such protection to prove the need for such protection. Where such a need has been found to exist, the commission shall protect only so much of the information as is necessary to meet such need. The commission shall promulgate procedural rules and regulations consistent with this section as it deems necessary to implement the provisions hereof.
Section 14. Except when a fee is required by another provision of law and except in the case of a filing by the commonwealth or any of its political subdivisions, the commission shall charge and collect fees as determined annually by the commissioner of administration under the provision of section 3B of chapter 7 in the following instances:
(a) for filing a tariff having intrastate application only, schedule or amendment thereto or a contract filed under section 7 of chapter 159B and for filing an application for a permit for special service under section 11A of chapter 159A;
(b) for filing each annual report or any contract, other than one required to be filed under section 7 of chapter 159B, required by law to be filed with the commission;
(c) for filing each application for a certificate of public convenience and necessity under chapter 159A, for the issuance of a license for charter service under said chapter 159A or for exemption from a zoning ordinance; or
(d) for any other approval or authority of the commission.
The commission shall designate 1 of its employees to receive all fees collected under this section who shall give bond to the state treasurer in the sum of 10,000 dollars.
Section 15. There shall be established and placed within the commission a separate fund to be known as the Unified Carrier Registration Trust Fund. The fund shall be credited with application fees collected pursuant to section 10 of chapter 159B and income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the commission for the regulation of motor carriers pursuant to said chapter 159B. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years.
Annually, not later than December 1, the commission shall issue a report to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation on the fund’s activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.
Section 16. Notwithstanding any general or special law to the contrary, any funds not expended prior to the effective date of this act in the Department of Public Utilities Unified Carrier Registration Trust Fund, established in section 12R of chapter 25, shall be transferred by the comptroller from said fund to the Unified Carrier Registration Trust Fund established in this chapter.
Section 17. There shall be established and placed within the commission a separate fund to be known as the Transit Safety Fund. The fund shall be credited with fines collected pursuant to section 7 of chapter 22F and income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the commission for activities related to its oversight of safety and operations for the Authority. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years.
Annually, not later than December 1, the commission shall issue a report to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation on the fund’s activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.
SECTION 15. Section 10 of chapter 159 of the General Laws is hereby amended by striking out the words “department of public utilities” and inserting in place thereof the following words:- commission on transportation safety oversight and regulation, hereinafter the transportation commission,
SECTION 16. Section 11 of said chapter 159 is hereby amended by inserting after the word “department” the following words:- or the transportation commission
SECTION 17. Said section 11 of said chapter 159 is hereby further amended by inserting after the word “carriers” the following words:- , with respect to those common carriers subject to their respective jurisdictions,
SECTION 18. Section 12 of said chapter 159 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- The department and the transportation commission shall, so far as may be necessary for the purpose of carrying out the provisions of law relative thereto, have general supervision and regulation of, and jurisdiction and control over, the following services, when furnished or rendered for public use within the commonwealth, except when such services are provided by a municipal lighting plant or cooperative public corporation which provides telecommunications services pursuant to section 47E of chapter 164, and in the exercise thereof, the department and the transportation commission shall, so far as may be necessary for the purpose of carrying out the provisions of law relative thereto, take cognizance of all applicable transportation plans and programs adopted by the public works commission pursuant to section five A of chapter sixteen, and all persons, firms, corporations, associations and joint stock associations or companies furnishing or rendering any such service or services, in sections ten to forty-four, inclusive, collectively called common carriers and severally called a common carrier:
SECTION 19. Section 13 of said chapter 159 is hereby amended by inserting after the word “department” the following words:- and the transportation commission
SECTION 20. Said chapter 159 is hereby further amended by striking out section 14 and inserting in place thereof the following section:- Section 14. Whenever the department or the transportation commission, with respect to those common carriers subject to their respective jurisdictions, shall be of opinion, after a hearing had upon its own motion or upon complaint, that any of the rates, fares or charges of any common carrier for any services to be performed within the commonwealth, or the regulations or practices of such common carrier affecting such rates, are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any wise in violation of any provision of law, or insufficient to yield reasonable compensation for the service rendered, it shall determine the just and reasonable rates, fares and charges to be charged for the service to be performed, and shall fix the same by order to be served upon every common carrier by whom such rates, fares and charges or any of them are thereafter to be observed. Every such common carrier shall obey every requirement of every such order served upon it, and do everything necessary or proper in order to secure absolute compliance with every such order by all its officers, agents and employees. If, upon investigation, the transportation commission finds that in any case it is consistent with the public interests to authorize a common carrier to make its charge for transportation less for a longer than for a shorter distance, it may grant such authority and may from time to time modify or revoke the same.
If complaint is made to the transportation commission concerning any rate, fare or charge demanded and collected by any railroad corporation for any service performed and the transportation commission finds after hearing and investigation that an unjustly discriminatory rate, fare or charge has been collected for any service, the transportation commission may order the railroad corporation which has collected the same to make due reparation to the person who has paid the same, with interest from the date of the payment of such unjustly discriminatory amount; but such order of reparation shall cover only payments made within two years before the date of filing the petition seeking to have reparation ordered. Such order may be made without formal hearing whenever the railroad corporation affected shall assent in writing thereto, or file or join in a petition therefor, but in no case shall any such order be made until the transportation commission shall be satisfied by such investigation as may be necessary that the rate, fare or charge collected was in fact unjustly discriminatory.
SECTION 21. Said chapter 159 is hereby further amended by striking out section 15 and inserting in place thereof the following section:- Section 15. Except as provided by section two hundred of chapter one hundred and sixty, no common carrier shall, directly or indirectly, issue or give any free service, free tickets, free pass or free transportation for passengers or property between points within the commonwealth; but this section shall not prohibit any railroad corporation or railway company from giving free or reduced rate service to policemen, letter carriers and firemen while in uniform or engaged in the discharge of their duties, or prohibit any common carrier from giving free or reduced rate service to its employees, or in cases of public emergency, or for such charitable purposes as may be approved, with respect to those common carriers subject to their respective jurisdictions, by the department or the transportation commission, nor prohibit any telephone or telegraph company, unless the department shall otherwise order, from giving service at reduced rates to the commonwealth or to any city or town; nor shall this section prohibit the members of the transportation commission, its experts, inspectors and counsel from being transported over the railroads and the railways of the commonwealth free of charge while engaged in the performance of their duties; nor shall this section prohibit the giving by any such common carrier of free or reduced rate service to the classes defined and provided for in the act of congress entitled ''An act to regulate commerce'' and acts amendatory thereof, or to a blind person identified by a certification of registration under section one hundred and thirty-five of chapter six from the commission of the blind.
SECTION 22. Said chapter 159 is hereby further amended by striking out section 16 and inserting in place thereof the following section:- Section 16. If the department or the transportation commission, with respect to those common carriers subject to their respective jurisdictions, is of opinion, after a hearing had upon its own motion or upon complaint, that the regulations, practices, equipment, appliances or service of any common carrier are unjust, unreasonable, unsafe, improper or inadequate, it shall determine the just, reasonable, safe, adequate and proper regulations and practices thereafter to be in force and to be observed, and the equipment, appliances and service thereafter to be used, and shall fix and prescribe the same by order to be served upon every common carrier to be bound thereby. The transportation commission may after such a hearing, order any railway company to build and operate any just and reasonable extensions of its lines for which it may have been or may be granted locations and order from time to time that a railroad company shall operate its lines, of standard gauge, or such parts thereof as the transportation commission shall prescribe, by electric power instead of steam power, and in its order shall prescribe the time within which the work of electrification shall be done. Before making such order, the department or transportation commission, whichever has jurisdiction, shall consider the relative importance and necessity of the changes in any specific regulations, practices, equipment and appliances proposed to be included therein and of other changes which may be brought to its attention in the course of the hearing, the financial ability of the carrier to comply with the requirements of the order, and the effect of the carrier's compliance therewith, upon its financial ability to make such other changes, if any, as may be deemed by the department or transportation commission of equal or greater importance and necessity in the performance of the service which the carrier has professed to render to the public. Every such common carrier shall obey every requirement of every such order so served upon it, and do everything necessary or proper in order to secure absolute compliance with every such order by all its officers, agents and employees. Every such common carrier, railroad or railway company shall submit evidence to the department or transportation commission, whichever has jurisdiction, within thirty days after such order is served upon it that it has complied, or is in the process of complying, with such order. The two preceding sentences shall not be applicable to any particular order issued under this section pending any appeal from such order.
SECTION 23. Section 16A of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 24. Section 17 of said chapter 159 is hereby amended by inserting after the word “department” the following words:- or the transportation commission
SECTION 25. Said chapter 159 is hereby further amended by striking out section 18 and inserting in place thereof the following section:- Section 18. Subject to the powers of the department and the transportation commission to regulate and prescribe rates and charges with respect to those common carriers subject to their respective jurisdictions, a common carrier may make commodity, transit or other classes of rates. The furnishing by any common carrier of any service at the rates and upon the terms and conditions provided for in any existing contract executed prior to July first, nineteen hundred and thirteen, shall not constitute a discrimination unless the department or the transportation commission, whichever has jurisdiction, so determines. The department and the transportation commission, with respect to those common carriers subject to their respective jurisdictions, shall not be prevented from taking such action as they deem proper by any commitment or agreement of a common carrier entered into by reason of any requirement or recommendation of any board or public officers acting under delegated authority from the general court prior to July first, nineteen hundred and thirteen. Unless the transportation commission determines otherwise, common carriers shall be permitted, whether required to do so by law or not, to issue mileage, workingmen's, excursion, school or commutation passenger tickets, or reduced rate tickets for the transportation of children under twelve years of age or of pupils attending school, or joint interchangeable mileage tickets, with special privileges as to the amount of free baggage which may be carried under mileage tickets of five hundred miles or more. All season tickets, before issuance, shall be subject to the approval of the transportation commission as to the form thereof and the conditions named therein.
SECTION 26. Said chapter 159 is hereby further amended by striking out section 19 and inserting in place thereof the following section:- Section 19. Every common carrier shall file with the department or the transportation commission, whichever has jurisdiction, and shall plainly print and keep open to public inspection schedules showing all rates, joint rates, fares, telephone rentals, tolls, classifications and charges for any service, of every kind rendered or furnished, or to be rendered or furnished, by it within the commonwealth, and all conditions and limitations, rules and regulations and forms of contracts or agreements in any manner affecting the same, in such places, within such time, and in such form and with such detail as the department or the transportation commission, whichever has jurisdiction, may order; provided, however, that such schedule shall not include a rate, fare, toll or charge for directory assistance service to the commonwealth or its political subdivisions and provided further that such schedules shall not include a rate, fare, toll, or charge to any customers based on the establishment and existence of the 508 area code. In the case of common carriers subject to the interstate commerce commission the forms prescribed for such schedules and the requirements relative to the filing and publication thereof shall conform, as nearly as may be, to the forms prescribed by and the similar requirements of the said commission. No common carrier shall, except as otherwise provided in this chapter, charge, demand, exact, receive or collect a different rate, joint rate, fare, telephone rental, toll or charge for any service rendered or furnished by it, or to be rendered or furnished, from that applicable to such service as specified in its schedule filed with the department or the transportation commission and in effect at the time. Nor shall any common carrier refund, or remit directly or indirectly, any rate, joint rate, fare, telephone rental, toll or charge so specified, or any part thereof, nor extend to any person or corporation any rule, regulation, privilege or facility except such as are specified in the said schedule and regularly and uniformly extended to all persons and corporations under like circumstances for the like, or substantially similar, service. Unless the department or the transportation commission, whichever has jurisdiction, otherwise orders, no change shall be made in any rate, joint rate, fare, telephone rental, toll, classification or charge, or in any rule or regulation or form of contract or agreement in any manner affecting the same as shown upon the schedules filed in accordance with this chapter, except after thirty days from the date of filing a statement with the department or the transportation commission, whichever has jurisdiction, setting forth the changes proposed to be made in the schedule then in force and the time when such changes shall take effect, and such notice to the public as the department or the transportation commission orders, to be given prior to the time fixed in such statement to the department or the transportation commission for the changes to take effect. The department or the transportation commission, whichever has jurisdiction, for good cause shown may allow changes before the expiration of said thirty days, under such conditions as it may prescribe, and may suspend the taking effect of changes under the circumstances and in the manner provided in the following section. At the time when any changes take effect they shall be plainly indicated upon existing schedules, or new schedules shall be printed and filed as the department or the transportation commission may order. This section shall not prevent any telegraph or telephone corporation from continuing to furnish the use of its lines, equipment or service under any contracts in force on July first, nineteen hundred and thirteen, or upon the taking effect of any schedules of rates filed with the department as provided in this chapter, at the rates fixed in such contract; provided, that when any such contracts are or become terminable by notice, the department may direct by order that such contracts shall be terminated by the telegraph or telephone corporation which is a party thereto, and thereupon such contracts shall be terminated by such telegraph or telephone corporation as and when directed by such order. The department or transportation commission, whichever has jurisdiction, may exempt any common carrier from any provision of this section upon a determination by it after notice and a hearing that such an exemption is in the public interest.
SECTION 27. Said chapter 159 is hereby further amended by striking out section 20 and inserting in place thereof the following section:- Section 20. Whenever the transportation commission receives notice of any changes proposed to be made in any schedule filed by any common carrier not furnishing the service of transmission of intelligence by electricity under this chapter, it may, either upon complaint or upon its own motion, and after notice, hold a public hearing and make investigation as to the propriety of such proposed changes. Whenever the department receives notice of any changes proposed to be made in any schedule filed under this chapter which represent a general increase in rates by a common carrier furnishing the service of transmission of intelligence by electricity, it shall notify the attorney general of the same forthwith, and shall thereafter hold a public hearing and make an investigation as to the propriety of such proposed changes after first causing notice of the time, place and the subject matter of such hearing to be published at least twenty-one days before such hearing in such local newspapers as the department may select. Pending any such investigation and the decision thereon, the department or the transportation commission, whichever has jurisdiction, may, by order served upon the common carrier affected, suspend, from time to time, the taking effect of such changes, but not for a longer period than ten months in the aggregate beyond the time when the same would otherwise take effect. After such hearing and investigation, the department or the transportation commission, whichever has jurisdiction, may make, in reference to any new rate, joint rate, fare, telephone rental, toll, classification, charge, rule, regulation or form of contract or agreement proposed, such order as would be proper in a proceeding under section fourteen. At any such hearing involving any proposed increase in any rate, joint rate, fare, telephone rental, toll or charge, the burden of proof to show that such increase is necessary to obtain a reasonable compensation for the service rendered shall be upon the common carrier. If, at a hearing involving any proposed decrease in any rate, joint rate, fare, telephone rental, toll or charge demanded by any common carrier, it shall appear to the department or the transportation commission, whichever has jurisdiction, that the said rate, joint rate, fare, telephone rental, toll or charge is insufficient to yield reasonable compensation for the service rendered, it may determine what will be a just and reasonable minimum to be charged, and make an order that the common carrier shall not thereafter demand or collect less than the minimum so prescribed without first obtaining its consent, after a public hearing.
SECTION 28. Said chapter 159 is hereby further amended by striking out section 21 and inserting in place thereof the following section:- Section 21. Wherever there is no satisfactory through route for the transportation of passengers or freight at a reasonable rate, the transportation commission may order, after notice and a public hearing had upon complaint, any two or more railroad or railway companies whose lines, owned, operated, leased, or controlled by stock ownership, or otherwise, form a continuous or connecting line of transportation, or could be made to do so by the construction and maintenance of switch connection or interchange track at connecting points, or by transfer of property or passengers at connecting points, to establish through routes and joint rates, fares and charges for the transportation of passengers and property, and for the operation of the cars and other equipment for such transportation, within the commonwealth, as the transportation commission may by order designate; and, if the board of aldermen or selectmen act adversely upon, or fail to act within sixty days from the date of, the filing of a petition, brought by a railway company under section seventy of chapter one hundred and sixty-one for a location of tracks in their city or town upon which the petitioning company may construct the switch connection or interchange track necessary to the establishment of such through routes or transportation, or to the operation of such cars or other equipment, the petitioner or any interested party may, within sixty days thereafter, file such petition with the transportation commission which may, if after notice and a public hearing it is of the opinion that public convenience and necessity so require, grant locations upon which the grantee company may construct the switch connection or interchange track necessary to the establishment of such through routes or transportation, or to the operation of such cars or other equipment; and, if such railroad or railway companies cannot agree as to the division of rates or the conditions under which such through routes or transportation shall be established or such cars or other equipment operated, the transportation commission may, after due hearing, determine and prescribe the proportionate parts of such through rates payable to each of such companies, and the conditions under which through routes or transportation shall be established or such cars or other equipment operated; provided, that a railroad or railway company shall have control of and responsibility for the management and operation of all trains or cars while upon its railroad or railway as fully as if it owned them; and provided, further, that in case of a petition for the establishment of such through routes and transportation by railroad companies, or for locations for the construction of the switch connection or interchange track necessary to the establishment of such through routes and transportation by railway companies, the transportation commission shall give fourteen days' notice of any public hearing held by it under the foregoing provisions of this section, to the petitioners, to the companies affected and to the board of aldermen of the city or the selectmen of the town where the lines of said companies connect or within which a connection between the lines of said companies is proposed to be made. The foregoing provisions of this section shall apply to a railroad company and a steamship company whose lines forms or can be made to form a continuous or connecting line of transportation by transfer of property or passengers at connecting points, whether or not such railroad company and steamship company are commonly owned, operated, leased, or controlled by stock ownership, or otherwise. The transportation commission may, upon reasonable terms and conditions, require and order any railroad or railway company which carries freight in carload lots to establish and maintain for the purpose of receiving or delivering freight in carload lots, a switch connection with any private side track constructed on land adjoining the location of any such railroad or railway, if the transportation commission is of opinion that such connection is reasonable and practicable, can be put in and used with safety, and will furnish sufficient business to justify its construction and maintenance, and the transportation commission may grant to any railroad company the necessary locations in public ways and places for any switch connection ordered by the transportation commission to be constructed by such railway company.
SECTION 29. Section 22 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 30. Section 23 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 31. Section 25 of said chapter 159 is hereby amended by inserting after the word
“department,” in line 1, the following words:- and the transportation commission
SECTION 32. Said section 25 of said chapter 159 is hereby further amended by striking out, in lines 2-3, the words “the department” and inserting in place thereof the following word:- it
SECTION 33. Said chapter 159 is hereby further amended by striking out section 26 and inserting in place thereof the following section:- Section 26. The department and the transportation commission may investigate and determine the fair value for any purpose of all the property of any common carrier rendering a public service subject to its supervision, actually used or useful for the convenience of the public, whenever it deems the ascertainment of such value necessary to carry into effect any provision of this chapter, and may at any time make a revaluation of such property. In making any valuation under this section, the department and the transportation commission shall have access to and may use any books, documents or records in the possession of any department or board of the commonwealth or any political subdivision thereof.
SECTION 34. Section 27 of said chapter 159 is hereby amended by inserting after the word “department,” in line 1, the following words:- and the transportation commission
SECTION 35. Said section 27 of said chapter 159 is hereby further amended by striking out, in line 12, the words “the opinion of the department” and inserting in place thereof the following words:- its opinion
SECTION 36. Section 28 of said chapter 159 is hereby amended by striking out, in line 3, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 37. Said section 28 of said chapter 159 is hereby further amended by striking out, in line 7, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 38. Said chapter 159 is hereby further amended by striking out section 29 and inserting in place thereof the following section:- Section 29. An inspector shall, under the direction of the transportation commission, investigate as promptly as may be any accident upon a railroad, railway or motor vehicle of a carrier of passengers under the jurisdiction of the transportation commission, or in which such railroad, railway or motor vehicle is concerned, which causes the death or imperils the life of any person, and shall report thereon to the transportation commission, which shall investigate the cause of any such accident resulting in loss of life, and may investigate any other accident. The inspector shall attend the inquest held in case of any such death by accident and may cause any person who has knowledge of the facts or circumstances connected with such death to be summoned as a witness to testify at the inquest.
SECTION 39. Section 30 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 40. Said chapter 159 is hereby further amended by striking out section 31 and inserting in place thereof the following section: Section 31. The department and the transportation commission may, from time to time, prescribe forms of accounts, records and memoranda for the common carriers under its supervision, or for such classes of common carriers as it shall establish. The forms shall conform as nearly as may be to those established by the interstate commerce commission. The accounts of such common carriers shall be kept in accordance with the forms prescribed. The transportation commission shall have access to the list of stockholders of any railroad corporation or railway company and may cause the said list or any part thereof to be copied for its information or for the information of said stockholders. Any railroad corporation or railway company which refuses to submit its books to the examination of the transportation commission or unreasonably neglects to keep its accounts in the method prescribed by the transportation commission shall forfeit not more than five thousand dollars.
SECTION 41. Said chapter 159 is hereby further amended by striking out section 32 and inserting in place thereof the following section. Section 32. The department and the transportation commission, with respect to those common carriers subject to their respective jurisdictions, shall prescribe the forms for the annual returns to be made to it by the several kinds of common carriers and may from time to time make changes and additions in any such form; provided, that changes therein or additions thereto requiring any alteration in the method or form of keeping the accounts of such common carriers shall not be effective until after notice thereof shall have been given, at least six months before the beginning of the year or other period for which such changes or additions are prescribed, by the department or the transportation commission, whichever has jurisdiction, to the common carriers affected thereby. The annual returns shall be returns for the year ending on December thirty-first, and shall be transmitted to the department or transportation commission, whichever has jurisdiction, upon blank forms to be furnished by the department or the transportation commission, whichever has jurisdiction, on or before March thirty-first following, or such subsequent date as in any case, for good cause shown, the department or the transportation commission, whichever has jurisdiction, may fix. If a return is defective or appears erroneous, the department or the transportation commission, whichever has jurisdiction, shall forthwith order the common carrier to amend it within fifteen days. The original of each return or amended return, subscribed and sworn to as required by law, shall be preserved in the office of the department or the transportation commission, whichever has jurisdiction.
SECTION 42. Section 33 of said chapter 159 is hereby amended by striking out, in line 3, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 43. Said section 33 of said chapter 159 is hereby further amended by striking out, in line 8, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 44. Said chapter 159 is hereby further amended by striking out section 34 and inserting in place thereof the following section:- Section 34. The department and the transportation commission, through its commissioners, members or by employees duly authorized, may examine all books, contracts, records, documents, papers and memoranda of any common carrier subject to its jurisdiction, and by subpoena duces tecum compel the production thereof, or of duly verified copies of the same or any of them, and compel the attendance of such witnesses as the department or the transportation commission, whichever has jurisdiction, may require to give evidence at any such examination.
SECTION 45. Said chapter 159 is hereby further amended by striking out section 34A and inserting in place thereof the following section:- Section 34A. (a) The department and the transportation commission, with respect to those common carriers subject to their respective jurisdictions, shall have general supervision of every affiliated company, as hereinafter defined, with respect to all relations, transactions and dealings, direct or indirect, with the carrier with which it is affiliated which affect the operations of such carrier, and shall make all necessary examination and inquiries and keep itself informed as to such relations, transactions and dealings as have a bearing upon the rates, financial condition and practices of such carrier. Such relations, transactions and dealings, including any payments by a carrier to such an affiliated company or by such an affiliated company to a carrier for property owned, leased or used by such carrier or such affiliated company for transportation purposes shall be subject to review and investigation by the department or the transportation commission, whichever has jurisdiction, in any proceeding brought under this chapter or under chapter one hundred and fifty-nine A, one hundred and sixty or one hundred and sixty-one, and the department or the transportation commission, whichever has jurisdiction, may order such affiliated company to be joined as a party respondent with such carrier in such a proceeding.
(b) Every affiliated company having such relations, transactions and dealings with the carrier with which it is affiliated shall make such annual or periodic reports, and in such form, as the department or the transportation commission, whichever has jurisdiction, may by regulation prescribe, in order to give it effective supervision over all such relations, transactions and dealings.
(c) Officers and employees of the department and the transportation commission, with respect to those common carriers subject to their respective jurisdictions, may be authorized by it to examine the books, contracts, records, documents and memoranda or the physical property of any affiliated company subject to this chapter or chapter one hundred and fifty-nine A with respect to any relations, transactions or dealings, direct or indirect, between such affiliated company and any company so subject, and, for any examination so authorized, shall be entitled to full access to the subject matter thereof. No such officer or employee shall divulge any fact or information coming to his knowledge during the course of such examination unless directed by the department or the transportation commission, whichever has jurisdiction, or by the court, or authorized by law.
(d) For the purposes of this section, the words ''affiliated companies'' shall include any corporation, society, trust, association, partnership or individual (a) controlling a company subject to this chapter, or chapter one hundred and fifty-nine A, either directly, by ownership of a majority of its voting stock or of such minority thereof as to give it substantial control of such company, or indirectly, by ownership of such majority or minority of the voting stock of another corporation, society, trust or association so controlling such company; or (b) so controlled by a corporation, society, trust, association, partnership or individual controlling as aforesaid, directly or indirectly, the company subject to such chapter; or (c) standing in such a relation to a company subject to such chapter that there is an absence of equal bargaining power between the corporation, society, trust, association, partnership or individual and the company so subject, in respect to their dealings and transactions.
(e) Whenever, in any proceeding before the department or the transportation commission under section fourteen, twenty, or twenty-four the reasonableness of any payment, charge, contract, or purchase, sale, obligation or other arrangement between a carrier and a company related to it as an affiliated company, as defined in paragraph (d), shall come into question, the burden of establishing and proving the reasonableness of such payment, charge contract, purchase, sale, obligation or other arrangement shall be upon such carrier.
(f) The supreme judicial court shall have jurisdiction in equity to enforce compliance with this section and with all orders of the department or the transportation commission made under authority thereof.
SECTION 46. Section 35 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 47. Section 36 of said chapter 159 is hereby amended by inserting after the word “department” the following words:- and the transportation commission
SECTION 48. Said section 36 of said chapter 159 is hereby further amended by inserting after the word “carriers” the following words:- subject to its jurisdiction
SECTION 49. Said chapter 159 is hereby further amended by striking out section 37 and inserting in place thereof the following section:- Section 37. Every order of the department or the transportation commission shall be served upon every person or corporation to be affected thereby, either by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package, postage prepaid, to the person to be affected thereby or, in the case of a corporation, to any officer or agent thereof upon whom a summons may be served under the laws of the commonwealth. Every person and corporation shall notify the department or the transportation commission, whichever has jurisdiction, forthwith, in writing, of the receipt of the certified copy of every order so served, and in the case of a corporation such notification shall be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Within a time specified in the order, every person and corporation upon whom it is served shall, if so required in the order, notify the department or the transportation commission, whichever has jurisdiction, in like manner whether the terms of the order are accepted and will be obeyed. Every such order shall take effect at a time therein specified and shall continue in force either for a period designated therein or until changed or abrogated by the department or the transportation commission, whichever has jurisdiction.
SECTION 50. Section 38 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 51. Said chapter 159 is hereby further amended by striking out section 39 and inserting in place thereof the following section:- Section 39. If in the judgment of the department or the transportation commission any common carrier subject to its jurisdiction violates or neglects in any respect to comply with the provisions of any law, and after written notice by the department or the transportation commission, whichever has jurisdiction, continues such violation or neglect, or neglects to make returns as required by law, or to amend the same when lawfully required so to do, the department or the transportation commission, whichever has jurisdiction, shall forthwith present the facts to the attorney general for action.
SECTION 52. Said chapter 159 is hereby further amended by striking out section 40 and inserting in place thereof the following section:- Section 40. Whenever the department or the transportation commission is of opinion that a common carrier subject to its supervision is failing or omitting or about to fail or omit to do anything required by law or by its order, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of the law or of any of its orders, it shall direct its counsel to begin, subject to the supervision of the attorney general, an action or proceeding in the supreme judicial court in its name for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunction.
SECTION 53. Section 41 of said chapter 159 is hereby amended by inserting after the word “department,” in line 1, the following words:- and the transportation commission
SECTION 54. Said section 41 of said chapter 159 is hereby further amended by inserting after the word “department,” in line 13, the following words:- and the transportation commission
SECTION 55. Section 43 of said chapter 159 is hereby amended by striking out the word “shall” and inserting in place thereof the following words:- and the transportation commission shall each
SECTION 56. Section 44 of said chapter 159 is hereby amended by inserting after the word “department,” in line 1, the following words:- or the transportation commission
SECTION 57. Said section 44 of said chapter 159 is hereby further amended by striking out, in line 4, the words “the department” and inserting in place thereof the following word:- it
SECTION 58. Section 50 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 59. Section 51 of said chapter 159 is hereby amended by striking out, in lines 9-10, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 60. Said section 51 of said chapter 159 is hereby further amended by striking out, in line 13, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 61. Section 52 of said chapter 159 is hereby amended by striking out, in line 1, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 62. Said section 52 of said chapter 159 is hereby further amended by striking out, in lines 7-8, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 63. Section 54 of said chapter 159 is hereby amended by striking out, in line 8, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 64. Said section 54 of said chapter 159 is hereby further amended by striking out, in line 10, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 65. Section 57 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the words:- transportation commission
SECTION 66. Section 58 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the words:- transportation commission
SECTION 67. Said chapter 159 is hereby further amended by striking out section 59 and inserting in place thereof the following section:- Section 59. If a public way and a railroad cross each other, and the board of aldermen of the city or the selectmen of the town where the crossing is situated, or the department of highways, if the crossing and its approaches are in direct continuation of a state highway, or the directors of the railroad corporation, or the directors of a railway company having tracks on said way, deem it necessary for the security or convenience of the public that an alteration not involving the abolition of a crossing at grade should be made in the crossing, the approaches thereto, the location of the railroad or way, or in a bridge at the crossing, they shall apply to the board of county commissioners, or, if the crossing is situated, in whole or in part, in Boston, to the transportation commission, which shall, after public notice, hear all parties interested, and, if it decides that such alteration is necessary, shall prescribe the manner and limits within which it shall be made, and shall forthwith certify its decision to the parties and to said transportation commission. If a state highway and a railroad cross each other and the department of highways, after public notice and a hearing of all parties interested, decides that it is necessary for the security or convenience of the public that an alteration as aforesaid should be made in the crossing, the approaches thereto, the location of the railroad or way, or in a bridge at the crossing, and if no application under the foregoing provisions of this section relative to said crossing is then pending, said department of highways may order such alteration, prescribing in such order the manner and limits within which such alteration shall be made, and shall forthwith certify its decision to the parties and to said transportation commission; provided, that a party aggrieved by a decision or order of said department of highways hereunder may appeal to the transportation commission in the same manner as in the case of an appeal under section one hundred and eleven of chapter one hundred and sixty by a person aggrieved by a decision or order of the county commissioners, and the provisions of sections one hundred and eleven to one hundred and thirteen, inclusive, of said chapter shall apply to appeals hereunder except that for the purposes of this section, reference in said sections one hundred and eleven to one hundred and thirteen, inclusive, to the county commissioners shall refer to the department of highways.
Hearings by the department of highways shall be held in the county where such crossing is situated and a copy of its decision and of the plan of said alteration shall be filed by it in the office of the county commissioners of the said county. This proceeding may include any case where there is need of the rebuilding of a highway bridge or any structural change or renewal in order to strengthen or improve it. If any railway company is authorized to lay and use tracks upon the said way, the said company shall bear such part of the expense of building, rebuilding, changing, renewing, repairing or improving a bridge forming a part of said way, or of altering or improving the approaches thereto, as the commission provided for in sections sixty-one and sixty-two deem just.
SECTION 68. Said chapter 159 is hereby further amended by striking out section 61 and inserting in place thereof the following section:- Section 61. A commission of three disinterested persons, appointed as provided in the following section, shall determine which party shall carry such decision into effect and which party shall pay the charges and expenses of making such alteration and the future charges for keeping such bridge or crossing and the approaches thereto in repair, as well as the costs of the application to the county commissioners, or the transportation commission, and of the hearing before said commission of three disinterested persons; and it may apportion all such charges, expenses and costs between the railroad corporation, the railway company having tracks on said way, and the counties, cities or towns where said crossing is situated and other cities and towns which may be specially benefited; and if the crossing and its approaches are in direct continuation or a part of a state highway, the commonwealth may be included in such apportionment and its share shall be paid from the annual appropriation for maintenance and repair of state highways; provided, that the parties in interest may waive the appointment of the commission of three disinterested persons and determine the foregoing by written agreement to be filed in the proceeding. If a railway company is authorized to lay and use tracks upon any bridge in a highway built, repaired or altered as above provided for, or the approaches to which are altered or improved as above provided for, the said commission of three disinterested persons shall determine what part of the charges and expenses of making such changes or improvements, or of keeping such bridge or crossing and approaches in good condition, shall be paid by said railway company.
SECTION 69. Said chapter 159 is hereby further amended by striking out section 62 and inserting in place thereof the following section:- Section 62. Unless the parties in interest agree as provided in section sixty-one, upon application of the county commissioners, the transportation commission, the department of highways, the board of aldermen, the selectmen or the directors of the railroad corporation or of the railway company for the appointment of such commission of three disinterested persons, the superior court shall cause notice thereof to be given to the other parties interested fourteen days at least before the time fixed for the hearing; and thereupon, after hearing, shall appoint such commission of three disinterested persons, one member of which shall be a member of and designated by the transportation commission. The commission of three disinterested persons shall meet as soon as may be after its appointment, and, after notice to and a hearing of the parties, shall make a written award and return it to said court.
SECTION 70. Said chapter 159 is hereby further amended by striking out section 65 and inserting in place thereof the following section:- Section 65. The department of highways shall proceed to make an investigation of crossings where a public or private way and a railroad cross each other at grade, in sections sixty-five to eighty-two, inclusive, referred to as grade crossings. Said department shall annually on or before October first file with the transportation commission lists of grade crossings the abolition of which it suggests for early consideration, to which lists additional grade crossings may from time to time be added by said department of highways. Such lists shall state the names of the grade crossings, the names of the corporations operating the railroads crossed and the counties, cities and towns in which such crossings are located. The department of highways shall receive all petitions for the abolition of grade crossings from the aldermen of the city, the selectmen of the town, or the county commissioners of the county, where such a crossing exists, or the board of directors of the railroad corporation operating the railroad crossed, and after a hearing, due notice of which shall have been given to said railroad corporation, city or town and county, may in its discretion place said crossing on one of said lists. The transportation commission, after due notice to the department of highways, the counties and municipalities in which such crossings are located and the railroad corporations operating the railroads crossed, shall proceed to hold public hearings upon such lists and such additional grade crossings as the department of highways shall have notified it to include. Upon the completion of such hearings the transportation commission by order shall designate a program of grade crossings the abolition of which shall be considered; provided, that such program order may be amended or revised from time to time by the transportation commission on request of the department of highways. In establishing such program the transportation commission shall take into consideration the relative security and convenience of the public likely to result from the abolition of each particular grade crossing included therein as compared with the abolition of other grade crossings. Such program order shall state with respect to each grade crossing the name of the crossing, the name of the railroad corporation operating the railroad crossed, and the names of the counties, cities and towns in which the crossing is located. A copy of such program order and amendments and revisions thereof shall be filed in the office of the transportation commission and of the department of highways.
SECTION 71. Said chapter 159 is hereby further amended by striking out section 70 and inserting in place thereof the following section:- Section 70. The department of highways shall proceed to consider the abolition of grade crossings in the order established by the program orders as adopted and amended or revised under section sixty-five, and shall hold public hearings on each such grade crossing abolition, due notice of which shall be given to such railroad corporations, counties, cities and towns as may be required by law to bear part of the cost of abolition. After hearing as aforesaid, it shall by order determine the manner and limits of the grade crossing abolition, what part, if any, of an existing public or private way shall be discontinued, and whether or not a new way shall be substituted therefor, the grade for the railroad and the way, the changes to be made in the location and grades of a street railway having a location in the part of such public way where the crossing exists or in ways connecting therewith, the general method of construction, and what land or other property it considers necessary to be taken, including, in its discretion, an easement in land adjoining the location of a public or private way, or of a railroad, consisting of a right to have the land of the location protected by having the surface of such adjoining land slope from the boundary of the location in a manner specified by it; provided, that so much of any such order as relates to the foregoing shall not be effective unless the consent of the transportation commission thereto shall first be obtained, but no consent shall be given by said transportation commission to an order requiring a change in the grade of a railroad or street railway until the carrier interested, if it so requests, has been given an opportunity to be heard before said transportation commission on the sole question of such change. The department of highways shall determine in such order when the work shall be commenced, who shall do the work and how much shall be done by each. All such work not done in whole or in part by the department of highways shall be done under its general supervision. Except as otherwise provided in this section and section eighty, the total cost of the alterations aforesaid, including therein, in addition to the cost of construction, all damages on account thereof, but excluding the actual cost to a street railway of changing its railway or location to conform to the order of abolition, which shall be borne by it, and also moneys allotted under the provisions of the national industrial recovery act or other federal statutes and enabling state legislation for expenditure on such alterations from funds designated by the federal authorities exclusively for grade crossing abolitions shall be apportioned, by a board of five members constituted as hereinafter provided, among the railroad or railroads affected, the commonwealth, the county and the city or town where the crossing is situated, equitably and in accordance with the relative benefit to be derived by each from such alterations; provided, that if in any case funds sufficient to cover the said total cost are allotted as aforesaid under the provisions of the said national industrial recovery act or other federal statutes and enabling state legislation, no such apportionment shall be made; and, provided further, that any of said parties aggrieved by said apportionment may petition the supreme judicial court, which shall appoint three commissioners to make such apportionment, subject to the approval of the court. Said board shall consist of the attorney general, the chair of the transportation commission and another member of said transportation commission designated by said chair, and the commissioner of highways and one of his associate commissioners designated by said commissioner. If the crossing is of a railroad and a private way, and no crossing of a public way is abolished in connection therewith, the total cost as aforesaid shall be paid by the parties affected by the abolition in such proportion as said department of highways may establish. Said department may require the railroad corporation or corporations and the cities, towns and counties affected by any such grade crossing abolition, or any of them, to cause to be prepared and submitted to it plans, specifications and estimates of the cost of such abolition. A copy of any order made under this section, after so much thereof as is required hereby to be consented to by the transportation commission has been consented to as hereinbefore provided, shall be filed in the office of the department of highways and of the transportation commission, and a copy thereof shall be served on the state comptroller, the railroad corporation or corporations, the county and city or town affected by such abolition. The department of highways shall include in its budget estimate in each year a sum sufficient to meet the cost of such portion of any abolition or abolitions of grade crossings, to be undertaken during the following year, as is to be paid by the commonwealth, counties and municipalities.
SECTION 72. Section 73 of said chapter 159 is hereby amended by striking out the words “department of telecommunications and energy” and inserting in place thereof the following words:- transportation commission
SECTION 73. Section 74 of said chapter 159 is hereby amended by striking out, in line 4, the words “department of telecommunications and energy” and inserting in place thereof the following words:- transportation commission
SECTION 74. Said section 74 of said chapter 159 is hereby further amended by striking out, in lines 18-19, the words “department of telecommunications and energy” and inserting in place thereof the following words:- transportation commission
SECTION 75. Said section 74 of said chapter 159 is hereby further amended by striking out, in line 22, the words “department of telecommunications and energy” and inserting in place thereof the words:- transportation commission
SECTION 76. Said section 74 of said chapter 159 is hereby further amended by striking out, in line 48-49, the words “department of telecommunications and energy” and inserting in place thereof the words:- transportation commission
SECTION 77. Said chapter 159 is hereby further amended by striking out section 78 and inserting in place thereof the following section:- Section 78. All accounts of expense incurred by the railroad corporations or the city or town shall from time to time be submitted to the department of highways which shall audit the same, including any expense incurred by the commonwealth for or in connection with a state highway, and report thereon to the state comptroller. Said department shall upon request of any of the parties to the proceeding investigate the amounts presented for allowance by the commonwealth or any city or town or any railroad corporation as expended in the payment of damages for land taken or affected by reason of the proposed alteration, which have been paid by the party primarily liable therefor, as provided in section seventy-five, unless it appears that all the parties to the proceeding for the abolition of the grade crossing have assented in writing to the payment or settlement so made by the party primarily liable; and if said department determines that the amount so paid is in excess of what in its opinion should have been properly paid therefor, it shall allow only such portion of the amount so paid as it may deem to be just and reasonable. In case of any dispute as to the propriety or reasonableness of the whole or a part of any account of the expense, the transportation commission, upon application of any party to the proceedings, shall determine the amount thereof, if any, to be allowed, and its determination shall be final. The department of highways shall, from time to time, issue its orders for payments on the part of each railroad corporation, not exceeding the amount apportioned to it by said transportation commission, and for the payment by the commonwealth of a sum not exceeding the amounts apportioned to it and to the county and city or town; and such county and city or town shall repay to the commonwealth the amount apportioned to it, with interest thereon at the rate of four per cent per annum in such instalments and at such times within ten years thereafter as said transportation commission, with the approval of the state comptroller, having regard to the financial condition of the county, city or town, shall determine.
SECTION 78. Section 79 of said chapter 159 is hereby amended by striking out the words “department of telecommunications and energy” and inserting in place thereof the following words:- transportation commission
SECTION 79. Said chapter 159 is hereby further amended by striking out section 80 and inserting in place thereof the following section:- Section 80. If the board of aldermen of a city or the selectmen of a town where a public way and a railroad cross each other and the directors of the railroad corporation deem it necessary for the security and convenience of the public that alteration should be made in such crossing, in the approaches thereto, in the location of the railroad or public way or in the grades thereof, or in a bridge at such crossing, or that such crossing should be discontinued with or without building a new way in substitution therefor, and they agree as to the alterations to be made, a written instrument signed, in behalf of a city, by the mayor, authorized by the board of aldermen, or in behalf of a town, by the chairman of the selectmen, authorized by vote of the town, and by the president of the railroad corporation, authorized by its directors, specifying the manner and limits within which the alterations shall be made, and by which party the work shall be done, or how it shall be apportioned between the city or town and the railroad corporation, the general method of construction, the grades for the railroad and the public way, and also what land or other property it is necessary to take, and what portion, if any, of an existing public way is to be discontinued, and how the cost thereof shall be apportioned between the city or town and the railroad corporation, shall be valid and binding on the city or town and the railroad corporation, respectively, and have the same force and effect as an order of the department of highways under section seventy, if the transportation commission, after notice to all parties interested by advertisement and a public hearing, approves of the alterations set forth in the agreement as necessary for the convenience and security of the public; provided, that the department of highways, acting on behalf of the commonwealth, may, if in its judgment it seems advisable, join in such an agreement to abolish any grade crossing, thereby engaging the commonwealth to pay to the parties entitled thereto under the agreement, such amount as said department deems just, and such an agreement in which the commonwealth so joins shall be valid and binding on the commonwealth as well as the other parties thereto, and shall have the same force and effect as an order of said department under said section seventy, after approval as aforesaid by the transportation commission. Said agreement, when approved by the transportation commission and filed in its office, shall establish the locations as thus altered, and if it is necessary to take land or an easement therein to provide such new locations, the department of highways, in case of the abolition of a grade crossing to the cost of which the commonwealth is to contribute, otherwise the transportation commission, shall take the same by eminent domain on behalf of the commonwealth, of the city or town, and of the railroad corporation, respectively, under chapter seventy-nine. Except as otherwise provided in this section, so much of section seventy-four as relates to the taking of land, and so much of section seventy-five as relates to the right of any person to recover damages sustained in consequence of such taking or of the alterations made in pursuance of said order shall apply to the taking of land and to damages sustained under an agreement made pursuant to this section. The crossing and approaches shall be maintained and kept in repair as provided in section seventy-seven, unless the parties agree otherwise. If the agreement provides for the abolition of a grade crossing to the cost of which the commonwealth is to contribute, the department of highways shall keep itself informed of the progress and character of the work and of the amounts reasonably expended for work done or for damages, so far as rendered necessary for the abolition of the grade crossing; and for that purpose it may employ any necessary agents, and, from time to time, as it may consider proper, shall issue certified statements of the amount legally and properly expended for such abolition of a grade crossing. A street railway company or county or other party which would be affected by the alteration of a crossing as aforesaid may join in any agreement under this section.
SECTION 80. Said chapter 159 is hereby further amended by striking out section 83 and inserting in place thereof the following section:- Section 83. Every railroad corporation and railway company shall, upon request of the transportation commission, and at least once in two years, cause an examination of its tracks and roadbed and of its tunnels and bridges and of the approaches thereto to be made by a competent engineer, who shall report the result of his examination, his conclusions and recommendations to the corporation or company, and it shall forthwith transmit a copy of the report to the transportation commission. Before a railway company builds a bridge, it shall first submit the plans thereof to the transportation commission for approval. Upon the completion of a new bridge, the railroad corporation or railway company shall forthwith cause such examination and report to be made and transmitted to the transportation commission. The report shall furnish such information, in such detail and with such drawings or prints, as may be requested in writing by the transportation commission. The transportation commission may make further examination of the bridge structure if necessary or expedient. This section shall not exempt a corporation from making other and more frequent examination of its bridges and the approaches thereto.
SECTION 81. Section 84 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the words:- transportation commission
SECTION 82. Said chapter 159 is hereby further amended by striking out section 87 and inserting in place thereof the following section:- Section 87. The by-laws of such corporation shall be approved by the transportation commission, and shall prescribe the manner in which, and the officers and agents by whom, the purpose of its incorporation may be carried out, and also the manner in which its property may be invested. Such corporation shall annually, and as often as may be required by the transportation commission, render to it such statements of its membership and financial transactions and such other information relative thereto as the transportation commission may consider necessary for a proper exhibit of its business and standing. The transportation commission may verify such statement by an examination of the books and papers of the corporation; and whoever, having charge or custody of such books and papers, neglects to comply with this section shall be punished by a fine of not more than five hundred dollars.
SECTION 83. Section 102 of said chapter 159 is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 84. Section 105 of said chapter 159 is hereby amended by inserting after the word “department,” in line 2, the following words:- or the transportation commission
SECTION 85. Said section 105 of said chapter 159 is hereby further amended by inserting after the word “department,” in line 7, the following words:- or the transportation commission
SECTION 86. Section 1 of chapter 159A of the General Laws is hereby amended by striking out the words “department of telecommunications and energy” and inserting in place thereof the following words:- commission on transportation safety oversight and regulation, hereinafter the transportation commission,
SECTION 87. Section 2 of said chapter 159A is hereby amended by striking out the words “department of telecommunications and energy” and inserting in place thereof the following words:- transportation commission
SECTION 88. Said chapter 159A is hereby further amended by striking out section 3 and inserting in place thereof the following section:- Section 3. If a person desiring to operate any motor vehicle for the purposes and in the manner aforesaid over a route covering at least twenty miles holds a license therefor in the terminal municipalities and also a license in all but one of the intervening municipalities, or, in case seven or more municipalities intervene, in all but one or two thereof, the transportation commission, on petition of such person, shall act as the licensing authority in the one or two municipalities, as the case may be, in which such person's application for such an original license has not been favorably acted upon within three months after the filing thereof. The transportation commission, before issuing such a license, shall give a public hearing thereon after notice to the licensing authority of such a municipality, and if the transportation commission finds that public convenience and necessity require that the applicant be allowed to operate motor vehicles through such a municipality and over a route as aforesaid, it may issue a license therefor and shall specify therein the route or routes over which such motor vehicles shall be operated therein, but operation under such a license shall be limited to through traffic without stopping in such municipality for taking on or discharging passengers, except in case of a railroad or railway company operating a bus line as a part of its system.
SECTION 89. Section 4 of said chapter 159A is hereby amended by striking out, in line 26, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 90. Said section 4 of said chapter 159A is hereby further amended by striking out, in lines 28-29, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 91. Section 5 of said chapter 159A is hereby amended by striking out, in line 1, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 92. Said section 5 of said section 159A is hereby further amended by striking out, in line 7, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 93. Said section 5 of said chapter 159A is hereby further amended by striking out, in line 10, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 94. Said chapter 159A is hereby further amended by striking out section 6 and inserting in place thereof the following section:- Section 6. No motor vehicle shall be operated under any license issued under this chapter until the licensee, in addition to complying with all orders, rules and regulations of the licensing authority, shall have deposited with the state treasurer a bond, running to him in such sum as the transportation commission may reasonably require, with a surety or sureties or other security approved by the state treasurer and by the transportation commission, conditioned to pay any final judgment obtained against the principal named in the bond for any injury to person or property or for damages for causing the death of any person by reason of any negligent or unlawful act, on the part of said principal, his or its agents, employees or drivers, in the use or operation of any such motor vehicle. Any person so injured or damaged, or his executor or administrator, or the executor or administrator of any person whose death was so caused, may enforce payment of such judgment by suit on said bond in the name of the state treasurer, and in such suit the court may make any appropriate order for the application of any security deposited as aforesaid. If any liability insurance policy filed as security for any such bond, or any such bond with a surety company as surety, shall be cancelled or a renewal policy or bond is not filed prior to the expiration thereof, or if the state treasurer or the transportation commission at any time after notice and hearing shall determine that the sureties on any such bond or the security therefor is not sufficient, or if the transportation commission shall in its discretion determine and notify the licensee that a larger bond is required, no such motor vehicle shall thereafter be operated until the licensee has furnished other or additional security approved by the state treasurer and by the transportation commission. No security other than as herein provided shall be required of any such licensee.
SECTION 95. Said chapter 159 is hereby further amended by striking out section 7 and inserting in place thereof the following section:- Section 7. No person shall operate a motor vehicle under a license issued as aforesaid unless he has also obtained from the transportation commission a certificate declaring that public convenience and necessity require such operation. The transportation commission may, after public hearing, issue or refuse to issue such a certificate, or may issue the same for the partial exercise only of the privilege sought. Such certificate shall specify the route or routes over which the motor vehicles to be used thereunder may operate, and may prescribe the period during which the rights granted therein or in such license may be exercised, and may attach to the exercise of said rights such terms and conditions as the transportation commission shall deem that public convenience and necessity may require. The transportation commission, after notice and hearing, may revoke any such certificate for cause, and may, in like manner, revise any provisions thereof and any of the terms and conditions of such certificate or license. Upon such revocation, or upon the termination of the period covered by such certificate, the right of any person to operate thereunder shall immediately terminate. The transportation commission may adopt rules prescribing the manner and form in which applications for certificates or for any modification of outstanding certificates shall be made.
In the event of the decease, incompetency, insolvency, bankruptcy or corporate reorganization, under the bankruptcy law of the United States, of a holder of a certificate of public convenience and necessity, or charter license issued under section eleven A, the transportation commission, upon application of the assignee, trustee or personal representative, shall conditionally transfer such certificate or charter license to him pending decision by the transportation commission as to the fitness, willingness and ability of said transferee to conduct the operations or business authorized by said certificate or charter license. In the event of the decease, incompetency, insolvency or bankruptcy of a member of a partnership holding such certificate, the transportation commission, upon application of the surviving or remaining partners, or assignee, trustee, receiver or personal representative of the deceased, incompetent, insolvent or bankrupt partner, may make a like conditional transfer to the surviving or remaining partners.
SECTION 96. Said chapter 159 is hereby further amended by striking out section 7A and inserting in place thereof the following section:- Section 7A. Any certificate of public convenience and necessity granted by the transportation commission pursuant to section seven and chapter three hundred and seventy-eight of the acts of nineteen hundred and forty-seven and any license or permit granted pursuant to sections one, three and eleven A, may be assigned and transferred in whole or in part, with the approval and consent of the transportation commission, after a public hearing, at which hearing it shall be established to the satisfaction of the transportation commission that the proposed transfer and assignment are consistent with the public interest, that public convenience and necessity require it, and that the transferee is fit, willing and able properly to conduct the operation or business authorized by said certificate, provided, however, that no certificate, license or permit shall be transferred except in connection with the bona fide sale to the transferee of the business of the transferor theretofore conducted in connection with the certificate, permit and license or any part thereof sought to be transferred. Notice of such public hearing shall be given to the holders of licenses issued under section eleven A in the city or town into which said change is sought to be made, and to holders of certificates issued under section seven and doing business in such city or town.
No person, firm, trust or corporation subject to the jurisdiction of the transportation commission shall hereafter purchase, acquire, take or hold, directly or indirectly, any part of the capital stock of any carrier subject to the provisions of this chapter, nor shall any person, any associated group of persons or any firm, trust or corporation, who or which is not subject to the jurisdiction of the transportation commission, acquire, take or hold, directly or indirectly, more than fifty per cent of the voting capital stock of a carrier subject to this chapter, unless authorized so to do by the transportation commission. No consent shall be given by the transportation commission to the acquisition as aforesaid unless it shall have been shown that such acquisition is consistent with the public interest, and if such consent is given in whole or in part the transportation commission may impose such terms and conditions as it shall deem to be in the public interest. Nothing herein contained shall be construed to prevent the holding of any stock heretofore lawfully acquired by a person, firm, trust or corporation, or, upon the surrender or exchange of said stock pursuant to an agreement of consolidation or merger or a reorganization plan, to prevent the purchase, acquisition, taking or holding of the voting capital stock of the new corporation organized pursuant to such agreement or plan to take over the property of any corporation whose stock has been thus surrendered or exchanged, or to prevent the purchase, acquisition, taking or holding of any further issue of stock, provided such further issue does not increase the proportion of voting capital stock held by such person, firm, trust or corporation. For the purposes of this section only the word ''carrier'' shall be construed to include any person, partnership, corporation or association owning or operating a motor vehicle actually used for the transportation of school children under a contract with a municipality or municipal board or for the transportation of school children in a school bus as defined in section one of chapter ninety to or from events of public interest. No person or associated group of persons owning or controlling more than fifty per cent of the stock of any corporate common carrier subject to the jurisdiction of the transportation commission under this chapter shall engage in business as a carrier as so defined without the consent of the transportation commission.
SECTION 97. Said chapter 159 is hereby further amended by striking out section 8 and inserting place thereof the following section:- Section 8. No motor vehicle shall be operated under a license issued under the provisions of this chapter without a permit from the transportation commission, except that a motor vehicle of an interstate carrier being used simultaneously in both interstate operations and intrastate operations under the operating authority of a certified intrastate carrier may be operated without such permit, provided that such motor vehicle is equipped to comply with the rules and regulations promulgated by the transportation commission governing the operation of such vehicle. Such permit shall not be issued until an inspector of the transportation commission finds that such motor vehicle, in respect to type, construction, equipment and operating condition, conforms to the rules and regulations promulgated by the transportation commission under the provisions of this chapter. The transportation commission shall charge fees for the issuance of an original permit and for the renewal thereof, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. Such permit may be revoked or suspended by the transportation commission at any time when it appears to the transportation commission that the motor vehicle covered by such permit does not conform to said rules and regulations. No other permit, license or registration shall be required for any such motor vehicle, except as provided in chapter ninety.
The intrastate carrier, under whose certificate the interstate carrier is operating, shall be responsible and shall annually certify to the transportation commission that every motor vehicle of the interstate carrier operated under this section complies in all respects to the rules and regulations promulgated by the transportation commission.
SECTION 98. Said chapter 159A is hereby further amended by striking out section 9 and inserting in place thereof the following section:- Section 9. No person shall drive any motor vehicle under authority of this chapter unless he shall, in addition to being duly licensed by the registrar of motor vehicles to operate such motor vehicles, be licensed by the transportation commission. No such license shall be issued by the transportation commission to any person who has not attained age eighteen or who has not qualified in accordance with the transportation commission’s requirements or to any person who has attained age seventy unless such person, within ninety days of his seventieth birthday, and twice in each year thereafter at intervals not less than three nor more than six months apart, passes a physical examination in accordance with requirements established by the transportation commission. The transportation commission shall charge fees for the examination, issuance, and renewal of such license, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and said transportation commission may revoke or suspend such a license at any time for such cause as may seem to it sufficient. No other license or permit than as specified or referred to in this section shall be required for any such driver.
SECTION 99. Said chapter 159A is hereby further amended by striking out section 10 and inserting in place thereof the following section:- Section 10. Any person engaged in the operation of motor vehicles under a license and certificate as provided in this chapter is hereby declared to be a common carrier. The transportation commission shall have general supervision and regulation of, and jurisdiction and control over such common carriers to the same extent as it has over railway companies, except as to the issue of securities by persons whose securities are not subject to the jurisdiction of the transportation commission. The transportation commission may, from time to time, prescribe forms of accounts, records and memoranda for such common carriers and their accounts shall be kept in accordance with the forms prescribed.
Each such person not required to file a return by any provision of law other than this section shall annually, on or before such date as the transportation commission fixes, make to the transportation commission, in a form prescribed by it, a return for the year ending on December thirty-first next preceding. The form shall correspond as nearly as may be to those established by the interstate commerce commission for this type of common carrier and shall provide for the proper certification of the accuracy thereof. Each such person shall at all times, upon request, furnish any information required by the transportation commission or its duly authorized employees relative to the condition, management and operation of such person as a common carrier, and shall comply with all lawful orders of the transportation commission. Every such common carrier neglecting to make such annual return within the time prescribed as aforesaid, or to amend said return within fifteen days of the date of any notice to do so, or neglecting to furnish any information lawfully required as aforesaid, shall forfeit five dollars for each day during which such neglect continues; and if such person unreasonably refuses or neglects to make said return or amendment he shall forfeit not more than five hundred dollars. Failure to comply with this section shall be a cause for revocation or suspension of a certificate under section seven.
SECTION 100. Section 11 of said chapter 159A is hereby amended by striking out, in line 1, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 101. Said section 11 of said chapter 159A is hereby further amended by striking out, in line 6, the word “department” and inserting in place thereof the following word:- transportation commission
SECTION 102. Said chapter 159A is hereby further amended by striking out section 11A and inserting in place thereof the following section:- Section 11A. No person shall operate or offer to provide service by means of any motor vehicle carrying ten or more persons, including the driver, upon any public way in charter service, as hereinafter defined, unless he shall have obtained from the transportation commission a license to engage in the business of rendering such service and certifying that the rendering of such service is consistent with the public interest, that public convenience and necessity require it and that the applicant is fit, willing and able properly to perform such service. ''Charter service'' is hereby defined as the transportation of groups of persons who, pursuant to a common purpose and under a single contract, and at a fixed charge for the vehicle have acquired the exclusive use of the vehicle for the duration of a particular trip or tour and in such a manner as not to be subject to section one. The transportation commission may, after public hearing, grant or refuse to grant a license to engage in the business of rendering charter service, and may, after notice and hearing, suspend or revoke such a license for cause. Notice of such public hearing shall be given to each holder of a license issued under this section who is doing business in the city or town in which the proposed service is to be located or in contiguous cities or towns and to each holder of a certificate issued under section seven who is doing business in such city or town. Any such license shall remain in force except while so suspended, until so revoked.
No person shall operate any motor vehicle carrying ten or more persons, including the driver, upon any public way in special service, or school service, as hereinafter defined, unless he shall have obtained from the transportation commission a permit to render such special service, or school service, certifying that the rendering of such special service or school service is consistent with the public interest, and public convenience requires it. ''Special service'' is hereby defined as the transportation by motor vehicle over a route other than one certified to the applicant under section seven, for any special purpose, event or occasion or series of events or occasions, or under contract to a business establishment or for the transportation of employees to a place of employment, of a number of passengers to whom the carrier itself, or some person in its behalf, has sold or intends to sell tickets for transportation service, whether such tickets are for transportation alone or are in the form of combination tickets. The application for a special service permit shall designate the specific point or points of origin and destination proposed to be served. ''School service'' is hereby defined as the transportation, by motor vehicle over a route other than one certified to the applicant under section seven, of children to and from school and summer day camp. No special service or school service permit shall be issued in any city or town as the point of origin other than to the holder of a certificate under section seven who has a certificated route in said city or town, unless there is no such certificate holder in such city or town, or unless the holder of said certificate is not fit, willing and able properly to perform the special service or school service applied for, and no such permit shall be issued to operate over a route over which or approximately over which a carrier has a certificate to operate under section seven, if said carrier is fit, willing and able properly to perform the special service or school service applied for. The transportation commission may grant or refuse to grant a permit for such special service, or school service, upon application, after not less than seven days' notice by mail directed to such holders of certificates issued under section seven and of permits issued under this section serving the cities or towns of origin named in such application as might, in the judgment of the transportation commission, be interested in such service. In the event that the transportation commission considers that any objection filed with it before the return date warrants further consideration, it shall hold such hearing on such notice as it may require, and shall thereupon grant or refuse to grant such permit. Special service permits shall be granted only to the holder of a license issued under this section authorizing him to engage in the business of rendering charter service and the transportation commission may, after notice and hearing, revoke such permit for cause. Such special service or school service shall not be subject to section one.
The transportation commission may make suitable and reasonable rules, orders and regulations covering the operation of motor vehicles both under section one and in such charter service, special service, or school service, and may revise, alter, amend or annul the same. The transportation commission shall also establish minimum mileage rates for any such charter service operated in intrastate commerce within the commonwealth, and may revise, alter, amend or annul such rates, and in determining such rates the transportation commission shall consider as part of the rate base the elements of waiting service and type of equipment employed. The terms ''charter service'', ''special service'' or ''school service'' shall not include the transportation of school children to and from school pursuant to a written contract with a municipality or municipal board or with the authorities of such school, provided that the charges for such transportation are borne by such municipality or municipal board or school and provided, further, that no special charges for such transportation are made by the municipality or municipal board or such school on account of the children transported; or the operation of a motor vehicle so used and owned and operated by such authorities; or the operation of sight-seeing automobiles licensed under chapter three hundred and ninety-nine of the acts of nineteen hundred and thirty-one.
Sections six, eight, nine, eleven, thirteen, fourteen and fifteen shall apply to the operation of charter service under a license granted under this section and to special service or school service under a permit issued under this section, but vehicles for which vehicle permits have been issued under section eight and drivers who hold drivers' licenses under section nine shall not be required to have additional vehicle permits and drivers' licenses for operation in charter service or special service.
No licensee under this section shall change his address, place of business, the place where his buses or any of them are usually garaged, or his base of operations from one city or town to another, unless such change shall be approved by the transportation commission after a public hearing and notice to the holders of other licenses under this section in the city or town into which said change is sought to be made, and in the adjacent cities and towns thereto, and to holders of certificates issued under section seven, who are doing business in such city or town, and unless a finding is made by said transportation commission that such change is consistent with the public interest and that public convenience and necessity require such change.
This section shall not be construed so as to prohibit the use of school buses under contract to a school system in transporting pupils to and from summer school and school sponsored extracurricular activities.
SECTION 103. Said chapter 159A is hereby further amended by striking out section 12 and inserting in place thereof the following section:- Section 12. The licensing authority in any city or town may, in respect of matters not treated of in the provisions of law governing the operation of motor vehicles under this chapter or rules established by the transportation commission, adopt rules and regulations governing such operation. After the adoption of any such rules and regulations, any person operating such a motor vehicle as authorized by this chapter, or a railway or railroad company operating a railway or railroad in such city or town, or any twenty residents thereof, may petition the transportation commission for the alteration, amendment or revocation of any such rule or regulation.
The transportation commission, upon such petition, after notice to the licensing authority and a hearing, may alter, amend or revoke such rule or regulation and establish in place thereof rules and regulations thereafter to be observed in such city or town. Thereafter the transportation commission, upon its own initiative or upon petition of the mayor of such city or the selectmen of such town, or of any person so operating any such motor vehicle in such city or town, or of a railway or railroad company operating a railway or railroad in such city or town, or of any twenty residents thereof, after notice to the licensing authority of such city or town, may alter, amend or revoke any rule or regulation established by the transportation commission, and may adopt rules and regulations in substitution thereof. Rules and regulations prescribed by the transportation commission under this section shall not be subject to amendment or repeal by a city or town or by the licensing authority thereof.
SECTION 104. Said chapter 159A is hereby further amended by striking out section 15 and inserting in place thereof the following section:- Section 15. Whoever violates any provision of this chapter for which no other penalty is provided, or any order, rule or regulation adopted or established thereunder, or any lawful requirement, condition, limitation or restriction contained in any certificate, permit or license, shall be punished for a first offence by a fine of not more than one hundred dollars, and for any subsequent offence by a fine of not more than two hundred dollars; and the supreme judicial court and the superior court shall have jurisdiction in equity to restrain any such violation upon petition of the transportation commission, any licensing authority, ten citizens of any city or town affected by such violation, or any interested party.
Any licensing authority, ten citizens of any city or town affected by violation of any part of this section, or any interested party affected by such violation, may file with the transportation commission a complaint of any such violation, and the transportation commission shall investigate such complaint and may hold a hearing on the question of revocation of the certificate, permit or license of any person operating a motor vehicle under any provision of this chapter complained against, and thereafter modify, suspend or revoke such certificate, permit or license, and the transportation commission may institute in any court of the commonwealth, county or district wherein the carrier has a place of business such action, suit or complaint as may be necessary to enforce compliance with any provision of this chapter or any rule, regulation or order of the transportation commission thereunder, or any lawful requirement, condition, limitation or restriction contained in any certificate, permit or license.
SECTION 105. Section 1 of chapter 159A1/2 of the General Laws is hereby amended by striking out the words ““Department”, the department of public utilities.”
SECTION 106. Said section 1 of said chapter 159A1/2 is hereby further amended by striking out the words ““Division”, the division established in section 23 of chapter 25.”
SECTION 107. Said section 1 of said chapter 159A1/2 is hereby further amended by inserting after the second paragraph the following paragraph:- “Commission”, the commission on transportation safety oversight and regulation.
SECTION 108. Said chapter 159A1/2 is hereby further amended by striking out section 2 and inserting in place thereof the following section:- Section 2. (a) The commission shall have jurisdiction over transportation network companies to ensure the safety and convenience of the public, as expressly set forth in this chapter.
(b) In consultation with the registry of motor vehicles, the commission shall provide for the establishment of removable decals to be issued by transportation network companies, in a form and manner prescribed by the commission, to transportation network drivers to designate a vehicle as a transportation network vehicle for law enforcement and public safety purposes. The decal shall be applied to both the front and back panels of a vehicle at all times while the vehicle is providing transportation network services. A transportation network driver who provides transportation network services using the digital network of more than 1 transportation network company shall display the respective decals for each transportation network company while the vehicle is providing transportation network services. A transportation network driver who ceases to be certified to provide transportation network services for any reason shall return the decal within 14 days of that cessation to the respective transportation network company in the manner and form prescribed by the commission.
(c) In consultation with the commissioner of insurance, the commission shall implement the insurance policy requirements established in section 228 of chapter 175.
(d) A transportation network company shall provide clear and conspicuous transportation fare estimates to riders at all times, including during surge pricing, high volume and high demand times. Fare estimates shall include a clear rate estimate or the amount of the price increase resulting from surge pricing or increased demand.
(e) A transportation network company and driver shall not raise base fares during a federal or a governor-declared state of emergency.
(f) In consultation with state police, local law enforcement and the registry of motor vehicles, the commission shall ensure the safety and annual inspection of transportation network vehicles, including a transportation network vehicle inspection pursuant to section 7A of chapter 90. A transportation network driver shall obtain a transportation network vehicle inspection at the driver's next annual emissions testing or within 12 months of obtaining a transportation network driver certificate, whichever comes first.
(g) The commission shall ensure the accommodation of riders with special needs. A transportation network company shall not impose additional charges or increase fares when providing services to persons with disabilities and all transportation network drivers shall comply with applicable laws, rules and regulations relating to the accommodation of service animals.
(h) A transportation network company shall not be subject to the commission’s rate or common carrier requirements pursuant to chapters 159, 159A or 159B.
(i) A transportation network company shall provide a driver's name, picture and the license plate number of the vehicle in use to a rider on any digital network used to facilitate a pre-arranged ride.
(j) In consultation with the commission, the Massachusetts Department of Transportation's highway division shall provide for the issuance of electronic toll transponders set at the commercial vehicle rate to be issued by transportation network companies to transportation network drivers. The electronic toll transponders shall be used each time a transportation network driver provides transportation network services on a toll road, bridge or tunnel; provided, however, that the issuance of an electronic toll transponder pursuant to this subsection shall not prohibit a transportation network driver from establishing or maintaining an electronic toll transponder account for personal use.
(k) In consultation with the commission, a transportation network company shall provide its ride data to the Massachusetts Department of Transportation and the department shall cross-reference that data with its toll data to ensure that tolls incurred by a driver providing transportation network services through a digital network are paid at the commercial rate through the pay by plate system and through the electronic transponder system.
(l) A transportation network company shall notify the commission upon receipt of information that a driver utilizing its network has violated a law or rule or regulation related to the provision of transportation network services or that the driver is not suitable to provide transportation network services.
(m) If, after the commission issued a background check clearance certificate, the commission is notified by a transportation network company, law enforcement or government entity that a driver is unsuitable and the commission verifies the unsuitability, the commission shall immediately revoke or suspend the background check clearance certificate and shall notify the driver and each transportation network company who issued the driver a driver certificate that the background check clearance certificate has been revoked or suspended. The commission shall issue rules and regulations to establish a process for a driver to appeal a revocation or suspension. The rules or regulations shall include an opportunity for a hearing.
A driver aggrieved by a final order or decision of the commission pursuant to this subsection or subsection (d) of section 3 may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by section 14 of chapter 30A, and may be instituted in the superior court for the county: (i) where the parties or any of them reside or have their principal place of business within the commonwealth; (ii) where the commission has its principal place of business; or (iii) of Suffolk. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the commission’s order or decision.
SECTION 109. Section 3 of said chapter 159A1/2 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- (b) A transportation network company shall apply for a permit to be issued and annually renewed by the commission. No transportation network company shall operate without a permit issued to it by the commission.
SECTION 110. Said section 3 of said chapter 159A1/2 is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:- (c) No application for a permit may be granted or renewed unless the commission determines that the rendering of transportation network services by the applicant is consistent with the public interest. At a minimum, each applicant for a permit shall verify the following:
SECTION 111. Said section 3 of said chapter 159A1/2 is hereby further amended by striking out the tenth paragraph and inserting in place thereof the following paragraph:- (vii) that the applicant has a process in place to ensure that it shall: (1) maintain and update, pursuant to regulations promulgated by the commission, a roster of each transportation network driver certified by the applicant to provide pre-arranged rides using the transportation network company's digital network; (2) upon request and with appropriate legal process, provide those rosters to the commission, the registry of motor vehicles and to state and local law enforcement; (3) maintain and update those rosters as required by the commission; (4) comply with all requests for information from the commission regarding the roster, including verification of completion of a background check as required pursuant to clause (ii);
SECTION 112. Said section 3 of said chapter 159A1/2 is hereby further amended by striking out the fourteenth paragraph and inserting in place thereof the following paragraph:- (d) After obtaining the information required under clause (ii) of subsection (c) of section 4, the commission shall determine whether the driver applicant has committed an offense that would disqualify the driver applicant from providing transportation network services, according to the commission’s’ rules, orders and regulations. The commission shall determine if the driver applicant is suitable and, if determined to be suitable, shall provide the transportation network company and the driver applicant with a background check clearance certificate. The commission shall conduct a background check pursuant to clause (ii) of subsection (c) of section 4 not less than annually. If the commission finds that a driver is not suitable under the annual background check, the commission shall notify the driver and each relevant transportation network company that the background check clearance certificate is revoked or suspended.
SECTION 113. Said section 3 of said chapter 159A1/2 is hereby further amended by striking out the fifteenth paragraph and inserting in place thereof the following paragraph:- (e) The commission shall calculate and the secretary of administration and finance shall determine, pursuant to section 3B of chapter 7, the cost associated with the commission's review of an application for a transportation network company permit, for renewal of the permit and to issue background check clearance certificates. The commission may charge the transportation network company a reasonable fee to cover the costs.
SECTION 114. Section 4 of said chapter 159A1/2 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- (a) A driver who seeks to utilize the digital network of a transportation network company to provide pre-arranged rides shall apply to a transportation network company for a transportation network driver certificate. A person shall not provide transportation network services in the commonwealth without a valid background check clearance certificate and a transportation network driver certificate. The transportation network driver certificate shall be in a form prescribed by the commission which shall include the name, picture of the driver and the license plate number of the vehicle in use and shall post a certificate for each transportation network company that has certified the driver in a location in the vehicle that is visible to the rider while transportation network services are being provided. A transportation network company shall not issue a transportation network driver certificate to a driver applicant unless the transportation network company has verified that the driver has received a background check clearance certificate from the commission.
SECTION 115. Said section 4 of said chapter 159A1/2 is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:- (b) At a minimum, and subject to such other requirements as the commission may establish by regulation, a transportation network company shall only issue a transportation network driver certificate to a driver who:
SECTION 116. Said section 4 of said chapter 159A1/2 is hereby further amended by striking out the eleventh paragraph and inserting in place thereof the following paragraph:- (c) Prior to providing transportation network services, a driver applicant shall be subject to a 2–part background check process to determine if the driver applicant is suitable. The transportation network company shall: (i) conduct a background check and disqualify applicants on the basis of a suitability standard to be determined in regulations promulgated by the commission; and (ii) submit identifying information regarding an applicant to the commission, which shall refer that information to the department of criminal justice information services, which shall obtain all available criminal offender record information, as defined in section 167 of chapter 6, and pursuant to section 172 of said chapter 6 and sex offender registry information.
SECTION 117. Said section 4 of said chapter 159A1/2 is hereby further amended by striking out the twelfth paragraph and inserting in place thereof the following paragraph:- (d) Not less than 2 times per year, the transportation network company shall conduct a background check pursuant to clause (i) of subsection (c) and shall immediately remove a driver from its digital network if the driver is found not suitable pursuant to the suitability standards to be determined in regulations promulgated by the commission.
SECTION 118. Said section 4 of said chapter 159A1/2 is hereby further amended by striking out the thirteenth paragraph and inserting in place thereof the following paragraph:- (e) The transportation network company shall immediately suspend a transportation network driver's certificate, and notify the commission of the suspension, upon learning of and verifying a driver's arrest for a crime or a driver's citation for a driving infraction that would render the driver unsuitable to provide transportation network services. A transportation network company shall report such suspension, in a form and manner prescribed by the commission, to the commission, which shall ensure all transportation network companies that certified that driver take appropriate action. Any such suspension may be limited to the period of time necessary to determine whether continued provision of transportation network services by the driver is consistent with the public interest.
SECTION 119. Said section 4 of said chapter 159A1/2 is hereby further amended by striking out the fourteenth paragraph and inserting in place thereof the following paragraph:- (f) In accordance with this section, the commission shall quarterly audit the driver certification and criminal background check processes of a transportation network company. Non-compliance with this section shall constitute cause for the commission to suspend or revoke a transportation network company permit pursuant to section 6.
SECTION 120. Said chapter 159A1/2 is hereby further amended by striking out section 6 and inserting in place thereof the following section:- Section 6. (a) If the commission determines, after notice and a hearing, that a transportation network company is in violation of this chapter or any rule or regulation promulgated under this chapter, the commission shall issue a monetary penalty, suspend or revoke a transportation network company permit or take other action that the commission deems necessary. In determining the amount of the monetary penalty, the commission shall consider, without limitation, the size of the transportation network company based on a transportation network company's intrastate operating revenues for the previous calendar year, the gravity of the violation including noncompliance with the payment of commercial rate tolls as required in clause (v) of subsection (c) of section 3, the degree to which the transportation network company exercised good faith in attempting to achieve compliance or to remedy non-compliance and previous violations by the transportation network company cited by the commission.
The commission shall issue rules and regulations to establish a process for administrative appeal of any penalty, suspension or revocation imposed in accordance with this section.
(b) Any party aggrieved by a final order or decision of the commission pursuant to this section may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by the provisions of section 14 of chapter 30A, and may be instituted in the superior court for the county (i) where the parties or any of them reside or have their principal place of business within the commonwealth; (ii) where the commission has its principal place of business; or (iii) of Suffolk. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the commission’s’ order or decision.
SECTION 121. Said chapter 159A1/2 is hereby further amended by striking out section 8 and inserting in place thereof the following section:- Section 8. (a) The commission shall require a transportation network company to maintain certain records, in addition to the records required by clause (vii) of subsection (c) of section 3 including, but not limited to, records pertaining to incidents reported to the transportation network company relative to a driver or rider, records pertaining to accessibility and records pertaining to pricing; provided, however, that the commission shall issue guidelines on the content and maintenance of incident reports. A transportation network company shall retain the incident reports for not less than 7 years. Each transportation network company or applicant for a transportation network company permit shall furnish all information and documents related to the condition, management and operation of the company upon the commission’s request; provided, however, that any such request shall be reasonably related to the requirements set forth in this chapter and the rules and regulations promulgated under this chapter. The failure to maintain or furnish information to the commission within a timeline to be determined by the commission may, at the discretion of the commission, constitute cause to not issue, suspend or revoke a transportation network company permit pursuant to section 6.
(b) A transportation network company shall provide to the commission a detailed monthly accounting of driver and passenger complaints received under clause (viii) of subsection (c) of section 3 and the actions the company has taken, if any, to resolve said complaints.
(c) In response to a specific complaint alleging criminal conduct against any transportation network company driver or passenger, a transportation network company shall, upon request and after being served with appropriate legal process, provide information to a requesting law enforcement agency necessary to investigate the complaint, as determined by the law enforcement agency.
Transportation network companies shall, after being served with appropriate legal process, provide information related to an alleged criminal incident including, but not limited to, trip specific details regarding origin and destination, length of trip, GPS coordinates of route, driver identification and, if applicable, information reported to the transportation network company regarding the alleged criminal activity by a driver or passenger, to the appropriate law enforcement agency upon receipt of a specific complaint alleging criminal conduct against any transportation network company driver or passenger.
(d) Any record furnished to the commission shall exclude information identifying drivers or riders, unless the commission explains, in writing, to the transportation network company why the information is necessary for the enforcement processes established in this chapter.
(e) Any record furnished to the commission or other state agency by a transportation network company pursuant to this chapter including, but not limited to, the roster of permitted transportation network drivers, shall not be considered a public record as defined in clause Twenty-sixth of section 7 of chapter 4 or chapter 66. An application for a transportation network company permit submitted pursuant to this chapter shall be a public record as defined in said clause Twenty-sixth of said section 7 of said chapter 4 or said chapter 66; provided, however, that such an application may be withheld from disclosure, in whole or in part, for reasons set forth in said clause Twenty-sixth of said section 7 of said chapter 4 or said chapter 66.
SECTION 122. Section 11 of said chapter 159A1/2 is hereby amended by striking out the word “division” and inserting in place thereof the following word:- commission
SECTION 123. Section 2 of chapter 159B of the General Laws is hereby amended by striking out the fifth paragraph.
SECTION 124. Said section 2 of said chapter 159B is hereby further amended by striking out the eighth paragraph.
SECTION 125. Said section 2 of said chapter 159B is hereby further amended by striking out the eleventh paragraph and inserting in place thereof the following paragraph:- ''Interstate license or registration'' a license or registration granted by the transportation commission to an interstate carrier by motor vehicle operating for compensation over ways.
SECTION 126. Said section 2 of said chapter 159B is hereby further amended by inserting after the thirteenth paragraph the following paragraph:- “Members”, members of the transportation commission.
SECTION 127. Said section 2 of said chapter 159B is hereby further amended by striking out the nineteenth paragraph and inserting in place thereof the following paragraph:- ''Property'', any physical matter whatsoever, regardless of value, over which the right of ownership or control may be exercised, including currency, documents and papers of all kinds, except telegraphic messages transmitted by a telegraph company subject to the regulations of the department of telecommunications and cable and the Federal Communications Commission and except dead human bodies and property or equipment transported in connection with funerals.
SECTION 128. Said section 2 of said chapter 159B is hereby further amended by inserting after the twenty-second paragraph the following paragraph:- “Transportation Commission”, commission on transportation safety oversight and regulation.
SECTION 129. Said chapter 159B is hereby further amended by striking out section 3 and inserting in place thereof the following section:- Section 3. No person shall engage in the business of a common carrier by motor vehicle upon any way unless there is in effect with respect to such carrier a certificate issued by the transportation commission authorizing the operations to be performed by such person.
(a) A certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operation covered by the application, if it is found that the applicant is fit, willing and able properly to perform the services proposed, and to conform to this chapter and the lawful requirements, orders, rules and regulations of the transportation commission thereunder, and that the proposed service to the extent authorized by the certificate is or will be required by the present or future public convenience and necessity; otherwise, such application shall be denied. Each application for such a certificate shall be made in writing in such form as the transportation commission may prescribe, shall be verified by oath or written declaration that it is made under the penalties of perjury, shall contain such information as the transportation commission may require, and shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof.
(b) Certificates shall be issued as provided in paragraph (a) of this section only after notice and a public hearing as hereinafter provided, and at the time of issuance, and from time to time thereafter, the exercise of the privileges granted by the certificate shall be subject to such reasonable terms, conditions and limitations as the public convenience and necessity may require, including such terms, conditions and limitations as to the extension of the route or routes of the carrier as are necessary to carry out, with respect to his operations, the general orders, rules and regulations adopted and established by the transportation commission under authority of this chapter; provided, that no such terms, conditions or limitations shall restrict the right of the carrier to add to his equipment and facilities over the routes, between the termini, or within the territory specified in the certificate, as the development of the business and the demands of the public shall require. A hearing under this paragraph shall be held twice a month in the city of Boston and once a month in each of the cities of Fall River, Lowell, Pittsfield, Springfield and Worcester and in each of the towns of Greenfield and Plymouth, at a time and place to be determined by the transportation commission. A written notice of such hearing shall be mailed by the transportation commission at least seven days before the date fixed therefor to the applicant, to the commissioner of highways, to every railroad and electric railway company serving any part of the route proposed to be served by the applicant, and to each person filing with the transportation commission a written request for such notice; and a copy of such notice, including a list of the applications to be heard, shall be posted, at least seven days before the date fixed for the hearing, in the office of the transportation commission and in the building wherein such hearing is to be held. Under such general or special rules and regulations as the members may prescribe, a common carrier by motor vehicle operating under any such certificate may occasionally deviate from the route over which, and the fixed termini between which, he is authorized to operate under the certificate.
(c) Any regular or irregular route common carrier who, during any period of not less than ninety consecutive days since the fifth day of June, nineteen hundred and forty-six, fails or has failed to render any part of the service authorized by his certificate except for the reason that the ways over which he must operate are impassable because of floods, condition of the highways or for other reasonable causes shall be deemed to have abandoned that part of the service authorized by his certificate, and if, after a hearing, the transportation commission finds that such carrier has so failed to render service in accordance with his certificate, and not for any reason set forth in the foregoing exceptions, his rights thereto to the extent of his failure to render service shall be forfeited and the transportation commission shall reissue his certificate subject to the resulting limitations.
(d) If it shall appear to the transportation commission, after a hearing, that any regular route or irregular route common carrier has failed to file, before the expiration of thirty days after the notice to so file, rates covering his operations to all points covered by his certificate, or at any time thereafter, has failed for a period of not less than thirty consecutive days to keep on file rates, covering all such operations, his rights thereto, to the extent of his failure to file or keep on file rates as herein set forth, shall be forfeited and the transportation commission shall reissue his certificate subject to the resulting limitations.
SECTION 130. Section 4 of said chapter 159B is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- No person shall engage in the business of a contract carrier by motor vehicle upon any way unless there is in effect with respect to said carrier a permit issued by the transportation commission authorizing him to transport property within the limits set forth in such permit.
SECTION 131. Said section 4 of said chapter 159B is hereby further amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:- Such permits shall be in a form prescribed by the transportation commission and may be issued for the partial exercise only of the privilege sought. The transportation commission may specify in the permit the operations covered thereby, including the name of each shipper which the carrier is authorized to serve and, if so limited, the carrier may not serve any shipper not so specified except with the approval of the transportation commission in accordance with such reasonable rules and regulations as the transportation commission may from time to time establish. At the time of issuance and from time to time thereafter the transportation commission may attach to the permit such terms and conditions, not inconsistent with the status of the holder as a contract carrier, as the public interest may require; provided, that no terms, conditions or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of his permit, or to add to his equipment and facilities over the routes, between the termini, or within the territory, specified in the permit, as the development of his business and the demands of the public shall require.
SECTION 132. Said section 4 of said chapter 159B is hereby further amended by striking out paragraph 6 and inserting in place thereof the following paragraph:- Any contract carrier by motor vehicle, who, during any period of not less than one year since the first day of July, nineteen hundred and fifty-one, fails or has failed to render any part of the service authorized by his permit, except for the reason that the ways over which he must operate are impassable because of floods, conditions of the highway or for other reasonable causes, shall be deemed to have abandoned that part of the service authorized by his permit, and if, after a hearing, the transportation commission finds that such carrier has so failed to render service in accordance with his permit, and not for any reason set forth in the foregoing exceptions, his rights thereto, to the extent of his failure to render service, shall be forfeited and the transportation commission shall reissue his permit subject to the resulting limitations.
SECTION 133. Said chapter 159B is hereby further amended by striking out section 5 and inserting in place thereof the following section:- Section 5. (a) No person shall for compensation sell or offer for sale transportation subject to this chapter, and no person shall make any contract, agreement or arrangement to provide, procure, furnish or arrange for such transportation or hold himself out by advertisement, solicitation or otherwise as one who sells, provides, procures, contracts or arranges for such transportation, unless such person holds a broker's license issued by the transportation commission authorizing him to engage in such transactions; provided, that no such person shall engage in transportation subject to this chapter unless he holds a certificate or permit as provided therein. In the execution of any contract, agreement or arrangement to sell, provide, procure, furnish or arrange for such transportation, no broker shall employ any motor carrier who is not the holder of a certificate or permit under which he may lawfully undertake the transportation in question. This paragraph shall not apply to any motor carrier holding a certificate or a permit or to any bona fide employee or agent of such motor carrier, so far as concerns transportation to be furnished wholly by such carrier, or jointly with other motor carriers holding like certificates or permits, or with a common carrier by railroad, express or water.
(b) A broker's license shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing and able properly to perform the service proposed and to conform to this chapter and the lawful requirements, orders, rules and regulations of the transportation commission thereunder, and that the proposed service, to the extent authorized by the license, is or will be consistent with the public interest and the policy declared in this chapter; otherwise, such application shall be denied. Each application for such a license shall be made in the same manner as is provided in paragraph (a) of section three for applications for certificates, and shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof.
The commissioner of administration shall determine annually, under the provision of section three B of chapter seven, reasonable fees which may be charged by brokers to shippers or motor carriers; provided, however, that no broker shall charge, for his services as a broker, any fee to any motor carrier engaged in dump truck operations, nor shall any such motor carrier pay any fee to any broker for such services.
(c) The transportation commission shall from time to time prescribe reasonable rules and regulations for the protection of shippers by motor vehicle, to be observed by all persons holding brokers' licenses, and no such license shall be issued or remain in force unless the applicant or licensee shall have furnished a bond or other security to the commonwealth, approved by the transportation commission, in such form and amount as will insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements or arrangements therefor.
(d) The transportation commission and its agents and examiners shall have the same authority as to accounts, reports and records, including inspection and preservation thereof, of any person holding a broker's license as they have under this chapter with respect to accounts, reports and records of motor carriers subject thereto.
(e) All brokers licensed under this chapter shall file with the transportation commission tariffs in the same form and manner as prescribed by this chapter for common carriers by motor vehicle.
(f) Brokers' licenses shall be non-transferable.
SECTION 134. Said chapter 159B is hereby further amended by striking out section 6 and inserting in place thereof the following section:- Section 6. Every common carrier by motor vehicle shall publish and file with the transportation commission and keep open for public inspection tariffs containing all the rates and charges for transportation of property and all services in connection therewith between points on its own routes, and between points on its own routes and points on the routes of any other such carrier or on the route of any common carrier by railroad, express or water when a through route and joint rate shall have been established. Such rates and charges shall be stated in lawful money of the United States. The transportation commission may reject any tariff filed with it which is not consistent with this section and with its orders, rules and regulations under this chapter.
Every such common carrier shall establish, observe and enforce just and reasonable rates, charges and classifications and reasonable regulations and practices relating thereto, which shall become effective on a date fixed by such carrier, which shall be at least thirty days after the filing of the tariff containing the same, unless suspended by the transportation commission prior to its effective date upon complaint of any person, organization or body politic, or by the transportation commission on its own motion; provided, that a rate may be established to become effective within said thirty days in order to meet the then existing rate of any competing common carrier, in which case it may become effective upon the effective date of the rate of such competing common carrier or at any time thereafter if established thereafter, upon the filing of a tariff or supplement thereto consistent with such reasonable rules and regulations as may be prescribed by the transportation commission.
The transportation commission may establish from time to time such reasonable rules and regulations as it may deem necessary pertaining to the form of tariff schedules, the time and manner of filing thereof, the suspension of rates before the same become effective, and hearings upon the validity of any filed or existing rate.
The transportation commission, in its discretion and for good cause shown, may allow publication of rates or of changes therein, upon notice less than that herein specified, or may modify the requirements of this section with respect to posting and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions.
The transportation commission, upon complaint of any common carrier by motor vehicle or of any other person, or upon its own motion, after hearing, may allow or disallow any filed or existing rates and may alter or prescribe the rates of common carriers in connection with the transportation of any or all classes of property to any and all points within the commonwealth and any service connected therewith, in accordance with the legal standards provided in this chapter. Whenever, upon complaint or in an investigation on its own initiative, the transportation commission, after hearing, shall be of the opinion that any rate or charge demanded, charged or collected by any common carrier by motor vehicle, or any classification, rule, regulation or practice whatsoever of such carrier affecting such rate, charge or the value of the service thereunder, is or will be unjust or prejudicial, it shall determine and prescribe the lawful rate of charge, or the lawful classification, rule, regulation or practice thereafter to be made effective. The transportation commission shall annually establish reasonable maximum and minimum rates or charges consistent with industry and economic conditions and consistent with the declaration of policy contained in section one.
In the exercise of the power to prescribe just and reasonable rates for the transportation of property by common carriers by motor vehicle and to disallow rates filed by any such carrier, the transportation commission shall give due consideration, among other factors, to the inherent advantages of transportation by such carrier, to the effect of any rates under consideration upon the movement of traffic by such carriers, to the need in the public interest of adequate and efficient transportation service by such carriers, to the cost of service and to the need of revenues sufficient to enable such carriers under honest, economical and efficient management to provide such service.
No common carrier by motor vehicle, unless otherwise provided by this chapter, shall engage in the transportation of property upon any way, unless the rates and charges upon which the same is transported by said carrier shall have been filed and published in accordance with this chapter.
SECTION 135. Section 6A of said chapter 159B is hereby amended by striking out, in line 18, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 136. Said section 6A of said chapter 159B is hereby further amended by striking out, in line 23, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 137. Section 6B of said chapter 159B is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- The transportation commission shall establish the maximum charges that may be made by persons subject to the provisions of this chapter for the towing away of motor vehicles, when such towing is ordered by the police or other public authority. Notwithstanding any general or special law to the contrary, a city or town by vote of its council or selectmen may establish the maximum rate that may be charged for the towing away of motor vehicles within its jurisdiction, but the maximum rate charged by a city or town shall not exceed the maximum rate established by the transportation commission. The transportation commission shall issue a decision on a written request for adjustment of the maximum charges not more than 12 months after its receipt of that request.
SECTION 138. Said section 6B of said chapter 159B is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- The motor vehicle storage facility shall have a lien for its proper transportation and storage charges due them for the towing, transportation and storage of motor vehicles, pursuant to this section. Said lien may be enforced under the sale provisions of section thirty-nine A of chapter two hundred and fifty-five. Nothing contained in this section shall in any way affect the liability of said motor vehicle storage facilities, nor to limit the maximum recovery of a carrier for his lawful removal and transportation charges as established by the transportation commission and storage charges as established by this section to the value of any vehicle involuntarily removed, transported and stored.
SECTION 139. Said section 6B of said chapter 159B is hereby further amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:- Every person engaged in the towing away of motor vehicles, under this section, shall annually, on or before March the thirty-first, transmit to the transportation commission a financial statement on a form prescribed by the transportation commission, reflecting the net profits for the preceding year from such towing operation. A person who fails to make such return, within the time herein provided, shall forfeit twenty-five dollars for each day after March thirty-first that said return is not so filed.
SECTION 140. Section 6D of said chapter 159B is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 141: Said chapter 159B is hereby further amended by striking out section 7 and inserting in place thereof the following section:- Section 7. (a) Every contract carrier by motor vehicle, other than contract carriers by armored motor vehicles of bullion, currency, securities, negotiable and non-negotiable documents, jewels, and other precious and very valuable articles, shall file with the transportation commission a copy of every contract for the transportation of property by motor vehicle in effect in connection with its operations, which shall be in writing and shall be executed by all parties thereto. The period of time during which such contract shall be in force, the charges for transportation and accessorial service, if any, and the duties and obligations of all parties thereto, shall be specifically stated therein, and said copies shall be kept on file in the transportation commission, and shall be open to public inspection. The transportation commission may also in its discretion require all contract carriers to file schedules of their minimum charges, each of which schedules shall contain a list of all parties with whom contracts are or may from time to time be in effect, and a statement of the charge for each service performed thereunder, without designation of the party for whom the same are being or are to be performed. Such schedules shall be kept on file in the transportation commission and shall be open to public inspection. Any change in such minimum charges shall become effective not less than thirty days after the filing of such change with the transportation commission; provided, that the transportation commission may in its discretion and for good cause shown allow such change to become effective within a lesser period.
(b) No such carrier shall demand, charge or collect compensation for such transportation different from that provided for in his written contract, or less than that contained in the minimum schedule of charges, if any, filed therewith, or prescribed by the transportation commission from time to time, and no such carrier, by the furnishing of any special service, facility or privilege, or by any other device whatsoever, shall in effect charge, accept or receive for any transportation or service less than the minimum charge, if any, established therefor under this section.
(c) Whenever, after hearing, upon a complaint or upon its own initiative, the transportation commission finds that any charge of any contract carrier by motor vehicle or any rule, regulation or practice of any such carrier affecting such charge or the value of the services thereunder for the transportation of property upon ways, contravenes the policy declared in section one or causes an undue or unreasonable advantage or preference to any such carrier in competition with any other motor carrier, the transportation commission, giving due consideration to the cost of services rendered by such carrier, may prescribe such charge, rule, regulation or practice as in its judgment may be necessary or desirable in the public interest. The charges of said contract carriers by motor vehicle for transportation shall in general be no less than those of common carriers by motor vehicle for the same or similar service.
SECTION 142. Section 8 of said chapter 159B is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 143. Said chapter 159B is hereby further amended by striking out section 9 and inserting in place thereof the following section:- Section 9. A single distinguishing plate shall be prescribed and furnished by the transportation commission annually for each of the vehicles necessary for the conduct of the business of the holder of the certificate or permit, upon his application to the transportation commission, and said plates shall be prominently displayed on the front of each such vehicle whenever operated. Each such plate shall be accompanied by a certificate issued by the transportation commission, which shall be in the possession of the driver at all times while operating and shall set forth the make, manufacturer's serial number, if any, and motor number, if any, of the vehicle with respect to which said plate shall be used. As used in this section and in section ten, the word ''vehicle'' shall include a tractor, with or without a semi-trailer unit. No such plate shall be transferred from one vehicle to another, except upon authority and with the consent of the transportation commission and upon payment of a transfer fee, except as provided in section ten B. The annual charge for each plate shall be ten dollars. The amount of the aforementioned transfer fee and the annual charge for each plate shall be determined by the commissioner of administration annually under the provision of section three B of chapter seven.
SECTION 144. Section 10 of said chapter 159B is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 145. Said chapter 159B is hereby further amended by striking out section 10B and inserting in place thereof the following section:- Section 10B. The transportation commission may issue distinguishing plates to motor carriers and interstate licensees to be used only on motor vehicles temporarily leased by such carriers. Any plates so issued may be transferred from one such vehicle to another such vehicle leased by a carrier to whom such plate was originally issued. The transportation commission shall keep a record of plates issued to each carrier for use on leased vehicles. The motor carrier or interstate licensee shall keep a record of the use of such plates, setting forth the names and addresses of the lessors and the drivers, engine and serial numbers of the vehicles used, duration of the lease, the identifying numbers of the plates and the date each such plate was placed on any leased vehicle and the date such plate was removed therefrom. A copy of the lease shall be carried on each vehicle under temporary lease engaged in interstate operations within the commonwealth. The transportation commission may make such rules and regulations relative to the issuance and use of such plates as it deems necessary and proper, and for just cause may revoke, recall, or prohibit the use of any plate issued under this section. Failure to keep full and complete records under this section shall be cause for such revocation. An annual charge, for each plate issued under this section shall be determined by the commissioner of administration under the provisions of section three B of chapter seven and shall apply to all such applications notwithstanding the provisions of section ten.
SECTION 146. Said chapter 159B is hereby further amended by striking out section 11 and inserting in place thereof the following section:- Section 11. Any irregular route certificate or any permit may be wholly assigned and transferred, and any regular route certificate or license may be assigned and transferred, in whole or in part, if consistent with the public interest and with the approval and consent of the transportation commission after public notice in the manner provided in paragraph (b) of section three and a public hearing at which the proposed transferee shall have established to the satisfaction of the transportation commission his willingness, fitness and ability to perform or furnish transportation for compensation under such certificate, permit or license in conformance with all lawful requirements, orders, rules and regulations of the transportation commission established under this chapter; provided, however, that no certificate and no permit shall be transferred except in connection with the sale to the transferee of a bona fide business of the transferor, who shall not thereafter for the period of at least one year hold any certificate or permit containing authority similar to that so transferred.
In the event of the decease, incompetency, insolvency, bankruptcy or corporate reorganization under the bankruptcy law of the United States, of a holder of a certificate, permit or license under this chapter, the transportation commission, upon application of his executor, administrator, guardian, conservator, assignee, trustee or receiver and upon payment of the fee required by this section, shall conditionally transfer such certificate, permit or license to such fiduciary, pending the decision by the transportation commission as to the fitness, willingness and ability of said transferee to conduct the operations of business authorized by said certificate, permit or license. In the event of the decease, incompetency, insolvency or bankruptcy of a member of a partnership holding such a certificate, permit or license, the transportation commission, upon application of the surviving or remaining partners, or of the executor, administrator, guardian, conservator, assignee, trustee or receiver of the deceased, incompetent, insolvent or bankrupt partner, may make a like conditional transfer to the surviving or remaining partners. Upon application of an executor, administrator, guardian, conservator, assignee, trustee, receiver, surviving or remaining partner and upon payment of the fee required by this section the transportation commission may transfer such certificate, permit or license in accordance with the provisions of this chapter direct from the original holder to any person named in such application and approved by the transportation commission.
No person shall operate upon any way as a common carrier by motor vehicle, contract carrier by motor vehicle or interstate licensee, or conduct business as a broker, except a bona fide holder of a certificate, permit or license, as the case may be, and neither by loan, assignment, option for purchase or any means whatsoever shall any person be permitted to defeat the requirements of this section with respect to the transfer of certificates, permits and licenses. Each application for the assignment and transfer, in whole or in part, of any certificate, permit or license shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. The transportation commission shall make any necessary rules and regulations to carry out the provisions of this section.
No person, firm, trust or corporation subject to the jurisdiction of the transportation commission shall hereafter purchase, acquire, take or hold, directly or indirectly, any part of the capital stock of any motor carrier subject to the provisions of this chapter, nor shall any person or associated group of persons or any firm, trust or corporation, who or which is not subject to the jurisdiction of the transportation commission, acquire, take or hold, directly or indirectly, fifty per cent or more of the voting capital stock of a motor carrier subject to this chapter, unless authorized so to do by the transportation commission. No change shall be made in the stock structure of a motor carrier subject to the jurisdiction of the transportation commission whereby control of the corporation is affected unless said change is approved by the transportation commission. No consent shall be given by the transportation commission to the acquisition as aforesaid unless it shall have been shown that such acquisition is consistent with the public interest, and if such consent is given in whole or in part the transportation commission may impose such terms and conditions as it shall deem to be in the public interest. Nothing herein contained shall be construed to prevent the holding of any stock heretofore lawfully acquired by a person, firm, trust or corporation, or, upon the surrender or exchange of said stock pursuant to an agreement of consolidation or merger or a reorganization plan, to prevent the purchase, acquisition, taking or holding of the voting capital stock of the new corporation organized pursuant to such agreement or plan to take over the property of any corporation whose stock has been thus surrendered or exchanged, or to prevent the purchase, acquisition, taking or holding of any further issue of stock, provided such further issue does not increase the proportion of voting capital stock held by such person, firm, trust or corporation, nor shall it apply to interstate carriers of property. Each application for authority from the transportation commission to purchase, acquire, take or hold, any part of the capital stock of any motor carrier subject to the provisions of this chapter shall be accompanied by a fee, the amount of which shall be determined pursuant to the aforementioned chapter seven provision.
SECTION 147. Section 11A of said chapter 159B is hereby amended by striking out, in line 4, the word “department” and inserting in place thereof the words:- transportation commission
SECTION 148. Said section 11A of said chapter 159B is hereby further amended by striking out, in line 8, the word “department” and inserting in place thereof the words:- transportation commission
SECTION 149. Said section 11A of said chapter 159B is hereby further amended by striking out, in line 14, the word “department” and inserting in place thereof the words:- transportation commission
SECTION 150. Said chapter 159B is hereby further amended by striking out section 12 and inserting in place thereof the following section:- Section 12. Any certificate, permit or license may, upon application of the holder thereof and after notice and hearing as provided by paragraph (b) of section three, be amended. Any permit, certificate or license, upon written application of the holder thereof to the transportation commission, may, without such notice and hearing, be suspended or revoked in whole or in part.
After a hearing, at least ten days' notice whereof shall be mailed to the holder of the certificate, permit or license in question at the address shown on the transportation commission records, the transportation commission may revoke, or suspend for such period of time as it may deem fit, any such certificate, permit or license, in whole or in part, for any violation of any provision of this chapter or of the orders, rules and regulations of the transportation commission made, adopted or established under authority thereof, or of any lawful requirement, condition, limitation or restriction contained in such certificate, permit or license. Any such certificate, permit or license shall remain in effect unless and until revoked by the transportation commission as herein provided, but subject to suspension as aforesaid.
No such certificate, permit or license shall be transferred, without the consent of the transportation commission, pending any complaint or hearing upon or in which the question of its revocation or suspension depends or is involved, and the effect of such revocation or suspension shall not be avoided by any such transfer, or by a transfer thereafter or by any other device or subterfuge.
SECTION 151. Section 12A of said chapter 159B is hereby amended by striking the word “director” and inserting in place thereof the following word:- chair
SECTION 152. Said section 12A of said chapter 159B is hereby further amended by striking out the word “division” and inserting in place thereof the following word:- commission
SECTION 153. Section 14 of said chapter 159B is hereby amended by striking the words “twelve F of chapter twenty-five” and inserting in place thereof the following words:- 2(a) of chapter 22F
SECTION 154. Said section 14 of said chapter 159B is hereby further amended by striking out the words “department or the director of the transportation division” and inserting in place thereof the following words:- transportation commission
SECTION 155. Said section 14 of said chapter 159B is hereby further amended by striking out the word “twenty-five” and inserting in place thereof the following word:- 22F
SECTION 156. Section 15 of said chapter 159B is hereby amended by striking out, in line 1, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 157. Said section 15 of said chapter 159B is hereby further amended by striking out, in lines 11-12, the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 158. Said chapter 159B is hereby further amended by striking out section 15A and inserting in place thereof the following section:- Section 15A. No person shall engage in the business of an agricultural carrier by motor vehicle unless there is in effect with respect to such carrier an agricultural carrier's permit issued by the transportation commission. Each application for such a permit shall be in writing in such form and contain such information as the transportation commission may require and be verified by oath or written declaration that it is made under the penalties of perjury. Upon the filing of such an application the transportation commission shall hold a hearing, with or without the notice required by paragraph (b) of section three, and if it finds that the applicant is fit, willing and able to provide the services proposed and otherwise to conform to this chapter and the lawful requirements, orders, rules and regulations of the transportation commission thereunder, may issue an agricultural carrier's permit to the applicant, upon the filing of a schedule of rates and charges acceptable to the transportation commission; otherwise, such application shall be denied. The transportation commission shall specify in the permit the operations covered thereby at the time of issuance and from time to time thereafter shall attach to it such terms and conditions, not inconsistent with the status of the holder as an agricultural carrier, as the public interest may require. A suitable distinguishing plate shall be prescribed and furnished by the transportation commission annually for each of the vehicles necessary for the conduct of the business of the holder of the permit. Section nine shall apply to such plates except that the annual charge for each such plate shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
SECTION 159. Section 16 of said chapter 159B is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 160. Said chapter 159B is hereby further amended by striking out section 16A and inserting in place thereof the following section:- Section 16A. The transportation commission, in the enforcement of this chapter, may inspect or cause to be produced the books and records of persons engaged in the business of leasing trucks and motor vehicles, or either, for the transportation of property for hire, and may compel such persons to furnish such information as the transportation commission may find necessary relative to the identity of the lessee, or the use to which any such truck or motor vehicle is to be put, or both.
SECTION 161. Section 16B of said chapter 159B is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 162. Said section 16B of said chapter 159B is hereby further amended by striking out the word “MDPU” and inserting in place thereof the word:- MTC
SECTION 163. Section 17 of said chapter 159B is hereby amended by striking the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 164. Section 18 of said chapter 159B is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 165. Section 19A of said chapter 159B is hereby amended by striking out the word “department” and inserting in place thereof the following words:- transportation commission
SECTION 166. Said chapter 159B is hereby further amended by striking out section 21 and inserting in place thereof the following section:- Section 21. Whoever violates any provision of this chapter, or any order, rule or regulation adopted or established thereunder, or any lawful requirement, condition, limitation or restriction contained in any certificate, permit or license, shall be punished, except as otherwise provided in this chapter, for a first offense by a fine of not more than one hundred dollars and for any subsequent offense by a fine of not more than two hundred dollars; and, in addition, the supreme judicial and superior courts shall severally have jurisdiction in equity to restrain any such violation upon petition of the transportation commission, or of any person, organization or body politic affected by such violation.
Any such person, organization or body politic may file with the transportation commission a complaint of any such violation, and the transportation commission shall within seven calendar days investigate such complaint, and shall within fourteen calendar days issue an order for remedial action if warranted or shall order hearings to be conducted within a period of twenty-one calendar days from the date of the transportation commission’s order. Continuances of hearings on such complaint for any reason shall not be allowed beyond a period of twenty-one calendar days from the date of the last preceding hearing date. Upon completion of all hearings deemed necessary the transportation commission shall render a decision no later than ninety days from the date of the last hearing held on such a complaint. The transportation commission may hold a hearing on the question of revocation of the certificate, permit or license of any motor carrier, broker or interstate licensee complained against and may institute in any court of the commonwealth in the county or district wherein the carrier shall have a place of business, or in the county or district wherein the violation occurred, such action, suit or complaint as may be necessary to enforce compliance with any provision of this chapter or any rule, regulation or order of the transportation commission thereunder, or any lawful requirement, condition, limitation or restriction contained in any certificate, permit or license.
SECTION 167. Notwithstanding any special or general law, rule or regulation to the contrary, all initial appointments to the commission on transportation safety oversight and regulation established in chapter 22F of the General Laws shall be made no later than the effective date of this act. The commission may phase in, based on transportation segment or safety and regulatory function, its assumption of responsibilities and commencement of operations; provided, that the commission shall assume its full responsibilities and begin full operations not later than 15 months after the effective date of this act, on a specific date determined by the commission within this period.
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Massachusetts Capital Resource Company 46th Annual Report
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S22
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SD2484
| 193
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{'Id': None, 'Name': 'Massachusetts Capital Resource Company', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-01T16:24:43.587'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S22/DocumentHistoryActions
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Report
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Senate, March 2, 2023 -- Report of the Massachusetts Capital Resource Company (under the provisions of Section 20 of Chapter 816 of the Acts of 1977) submitting its forty-sixth annual report
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[{'Description': 'S22 -- MCRC 46th Annual Report Letter', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16145&title=S22%20--%20MCRC%2046th%20Annual%20Report%20Letter'}, {'Description': 'S22 -- MCRC 46th Annual Report Non-ADA', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16148&title=S22%20--%20MCRC%2046th%20Annual%20Report%20Non-ADA'}, {'Description': 'S22 -- MCRC 46th Annual Report Appendix', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16147&title=S22%20--%20MCRC%2046th%20Annual%20Report%20Appendix'}]
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[{'Action': 'Place on File', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J26', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J26'}, 'Votes': []}]
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An Act relative to vehicle recalls
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S220
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SD742
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T10:35:23.69'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T10:35:23.69'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S220/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 220) of John C. Velis for legislation relative to vehicle recalls. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after Section 7A, the following new section:-
Section 7A 1/2. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Open recall”, means a safety related recall for which notification by a manufacturer has been provided under Title 49 of the United States Code, section 30119, that necessitates repairs or modifications to the vehicle be performed by an authorized dealer; provided, however, shall not apply to: (i) recalls related to defects or failures to comply with requirements relating to labeling or notifications in an owner’s manual; or (ii) recalls where the remedy is for the manufacturer to repurchase the vehicle or otherwise provide financial compensation to the vehicle owner.
“Registration”, means the registration, renewal or transfer of registration of a motor vehicle.
(b) The registry of motor vehicles shall, prior to issuing a motor vehicle registration or mailing a motor vehicle registration renewal notice, check information made available by the National Highway Traffic Safety Administration to determine whether the motor vehicle is subject to an open recall. For a vehicle that is subject to one or more open recalls, the Registrar shall provide the owner of the motor vehicle written notice of all open recalls applicable to the motor vehicle. The recall notice shall be provided at the time the vehicle is registered, except that for registration renewals, the recall notice shall be included in the registration renewal notice.
The recall notice shall include: (i) a description of each open recall; (ii) a statement that each open recall may be repaired by a motor vehicle dealer approved by the manufacturer of the motor vehicle at no cost to the owner of the motor vehicle, except as provided in 49 U.S.C. section 30120; and (iii) a statement that, except as provided in subsection (d), the Registrar shall not issue a registration certificate for a motor vehicle until each open recall is repaired in compliance with the provisions of subsection (c).
(c) Notwithstanding any provision of law to the contrary, after an owner of a motor vehicle receives notice that the motor vehicle is subject to one or more open recalls pursuant to subsection (b), the owner shall obtain the necessary repairs before the motor vehicle’s next registration renewal. It shall be the responsibility of the owner to submit proof, in a manner determined by the Registrar, that the repairs needed to address all open recalls have been made. The Registrar shall deny an application for registration renewal for any motor vehicle that has failed to receive repairs necessary to remedy an open recall within the time period established by this section.
(d) The Registrar shall not deny the registration of a motor vehicle subject to an open recall if any of the following exemptions occurs:
(i) the vehicle manufacturer has not made a remedy available;
(ii) the necessary replacement parts are not readily available to the manufacturer’s state dealer network to remedy the recall;
(iii) the vehicle requires repairs that are not covered by a recall in order to enable the application of the remedy;
(iv) the customer has installed aftermarket modifications that prevent the application of the remedy; or
(v) the Registrar determines that there were circumstances beyond the control of the owner or undue hardship that prevented the consumer from having the recall remedied.
(e) Nothing in this section shall alter the liability of any manufacturer or motor vehicle franchise dealer under common law.
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An Act relative to railroad crew transportation
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S2200
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SD1910
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T16:11:16.093'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T16:11:16.0933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2200/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 2200) of Michael D. Brady for legislation relative to railroad crew transportation. Transportation.
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Chapter 160 of the General Laws is hereby amended by adding the follow 3 sections:-
Section 253. (a) For the purpose of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Contract crew transportation vehicle", every motor vehicle, designed to transport not more than 15 passengers, including the driver, that is owned, leased, operated or maintained by a person contracting with a railroad company or its agents, contractors, subcontractors, vendors, sub-vendors, secondary vendors or subcarriers and used primarily to provide railroad crew transportation.
"Passenger-carrying vehicle", busses, vans, trucks and cars owned, operated and maintained by a railroad company and primarily used to transport railroad employees in other than the cab of such vehicle and designed primarily for operation on roads. The Rail and Transit Division of the Massachusetts Department of Transportation shall promulgate regulations for persons providing contract railroad crew transportation and every contract crew transportation vehicle, driver qualifications, equipment safety, safety of operations, hours of service by drivers, passenger safety, drug testing requirements and record retention. The regulations shall be consistent with the manner in which the Division regulates safety.
(b) The Rail and Transit Division of the Massachusetts Department of Transportation shall adopt rules necessary to carry out the operation of contract crew transportation vehicles.
(c) The Rail and Transit Division of the Massachusetts Department of Transportation shall require insurance coverage for each contract crew transportation vehicle that satisfies the following minimum amounts: (i) $5,000,000 combined single limit coverage for bodily injury and property damage liability coverage; (ii) uninsured and underinsured motorist coverage of $1,000,000.
If a third party contracts with the person operating the vehicle on behalf of the railroad company or its agents, contractors, subcontractors, vendors, sub-vendors, secondary vendors or subcarriers to transport railroad crew, the insurance requirements may be satisfied by either the third party or the person operating the vehicle, so long as the person operating the vehicle names the third party as an additional insured or named insured. The railroad company may also satisfy the insurance requirements. Proof of coverage shall be provided to the Division by the person contracting with the railroad company.
(d) The Rail and Transit Division of the Massachusetts Department of Transportation shall require the form and posting of adequate notices in a conspicuous location in all contract crew transportation vehicles to advise railroad employee passengers of their rights, the opportunity to submit safety complaints to the Rail and Transit Division of the Massachusetts Department of Transportation, the complaint process and contact information for the Rail and Transit Division of the Massachusetts Department of Transportation.
(e) The Rail and Transit Division of the Massachusetts Department of Transportation shall require persons providing contract railroad crew transportation to ensure that all drivers of contract crew transportation vehicles successfully complete not less than 4 hours of Division-approved safety training that includes, but is not limited to, vehicle and passenger safety awareness, rail yard safety, grade crossing safety, load securement and distracted and fatigued driving awareness.
(f) The Rail and Transit Division of the Massachusetts Department of Transportation shall investigate safety complaints related to contract railroad crew transportation under this chapter and take appropriate enforcement action as authorized.
(g) The Rail and Transit Division of the Massachusetts Department of Transportation may enforce this chapter with respect to persons providing contract railroad crew transportation under the Rail and Transit Division of the Massachusetts Department of Transportation, including assessing penalties as warranted.
(h) The Rail and Transit Division of the Massachusetts Department of Transportation may deny, suspend or revoke the ability of a person or company to provide contract railroad crew transportation upon complaint by any interested party or upon the Rail and Transit Division of the Massachusetts Department of Transportation's own motion after notice and opportunity for hearing when it finds that any person owning, leasing, operating or maintaining contract crew transportation vehicles has violated this chapter or the rules of the Division or that the company or its agent has been found by a court or governmental agency to have violated federal or state law.
Section 254. A person shall be disqualified from operating a contract crew transportation vehicle for 3 years if the person is: (i) convicted of, or is found to have committed, not less than 2 traffic violations that result in suspension or revocation of the person's driver's license within a 3-year period, for a reason other than the nonpayment of fines; or (ii) found guilty of, or is found to have committed, any drug or alcohol-related traffic offense, using a vehicle to commit a felony, leaving the scene of an accident, prohibited passing of another vehicle, a railroad-highway grade crossing offense or driving with a suspended, revoked or canceled license.
A driver that sustains a conviction or a traffic violation as outlined under this section while employed by a contract carrier shall report the conviction or infraction to the carrier within 10 days of the date of conviction or the finding that the infraction was committed.
Section 255. (a) The Rail and Transit Division of the Massachusetts Department of Transportation shall compile data regarding any reported safety complaints, accidents, regulatory violations and fines and corrective actions taken by the Division involving vehicles regulated under this chapter. A railroad company and any person that owns, leases, operates or maintains contract crew transportation vehicles in the commonwealth shall, at the request of the Rail and Transit Division of the Massachusetts Department of Transportation, provide data relevant to any complaints and accidents, including location, time of day, visibility, a description of the event, whether any property damage or personal injuries resulted and any corrective action taken by the railroad company, person operating the contract crew transportation vehicle or the Division.
The Rail and Transit Division of the Massachusetts Department of Transportation shall make this data available upon request. Information included in safety complaints that identifies the employee who submitted the complaint shall not be considered a public record as defined in clause Twenty-sixth of section 7 of chapter 4 or chapter 66.
(b) The Rail and Transit Division of the Massachusetts Department of Transportation may, in enforcing rules and orders, inspect any passenger-carrying vehicle provided by a railroad company to transport employees in the course of their employment or contract crew transportation vehicle. Upon request, the Colonel of State Police may assist the Division in these inspections.
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An Act relative to 2-person train crew size
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S2201
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SD1915
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T16:14:25.31'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T16:14:25.31'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2201/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 2201) of Michael D. Brady for legislation relative to 2-person train crew size policy. Transportation.
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SECTION 1. Chapter 161C of the General Laws is hereby amended by adding the following section:-
Section 8. (a) No train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least 2 persons. For the purposes of this section, “train or light engine used in connection with the movement of freight” shall not include hostler service or utility employees.
(b) A company who willfully violates this section may be subject to a fine of: (i) not less than $250 nor more than $1,000, for a first offense; (ii) not less than $1,000 nor more than $5,000, for a second offense committed within 3 years; and (iii) not less than $5,000 nor more than $10,000, for a third offense and subsequent offenses committed within 3 years.
SECTION 2. This act shall take effect July 1, 2024.
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An Act relative to Hot Box Detectors
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S2202
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SD1918
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T16:12:56.817'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T16:12:56.8166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2202/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 2202) of Michael D. Brady for legislation relative to Hot Box Detectors. Transportation.
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Section 176 of Chapter 160 of the General Laws as so appears is hereby amended by inserting after the word "cars" the following words:- or tracks and by inserting after the word "commonwealth" the following new language:- Hot Box detectors shall be installed every 20 miles on any line in which passenger trains operate. Such shall be included in any new construction project and within one year of the passage of said law on all existing lines.
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An Act relative to autocycles
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S2203
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SD1403
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T11:32:24.38'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T11:32:24.38'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2203/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 2203) of Nick Collins for legislation relative to autocycles. Transportation.
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SECTION 1. Section 1 of chapter 90 of the General Laws, as most recently amended by section 33 of chapter 122 of the acts of 2019, is hereby amended by inserting after the definition of “auto home” the following definition:-
“Autocycle,” a motor vehicle with three wheels on the ground that has a steering wheel and seating that does not require the operator or passenger to straddle or sit astride it and which vehicle has been certified to the National Highway Traffic Safety Administration (NHTSA) by its manufacturer as meeting Federal Motor Vehicle Safety Standards (FMVSS) for a motorcycle and is designed by its manufacturer to be operated on public ways.
SECTION 2. Said chapter 90 is hereby further amended by inserting after section 1I the following section:-
Section 1J. Autocycles.
(a) Registration. Notwithstanding the definition of ‘Motorcycle’ in section 1 and the provisions of Section 1I, the registrar shall register a three-wheeled motor vehicle as an autocycle if it meets the definition of autocycle in section 1 and other criteria listed herein. The registrar shall issue an ‘Autocycle’ registration plate in a size determined by the registrar to be appropriate. Any vehicle previously registered as a motorcycle that fits the definition of ‘Autocycle’ shall be registered as an ‘Autocycle’ upon the expiration of any existing motorcycle registration.
(b) Safety Requirements.
(1) Helmets. Every person operating an autocycle or riding as a passenger in an autocycle shall wear protective head gear conforming with the standards of construction and performance set forth for motorcycle operators or passengers.
(2) Safety Belts. Every autocycle shall be equipped by the vehicle’s manufacturer with a safety belt properly anchored to the vehicle or a safety belt approved by the registrar during the inspection process. Every person operating an autocycle or riding as a passenger in an autocycle shall be properly secured by a safety belt while the autocycle is in motion.
(3) Additional Restriction Concerning Child Passengers in Autocycles. No person under the age of 8 that measures less than 57 inches in height shall be a passenger in an autocycle.
(c) Operating License Requirements. An autocycle may be operated by any person possessing a valid license to operate a motor vehicle. An autocycle shall not be operated by a person holding only a motorcycle license (Class M).
An autocycle shall not be operated by a person holding only a learner’s permit, and the holder of any class of learner’s permit may not be tested for any license in an autocycle.
(d) Slow-Moving Autocycles. If the autocycle is a low-speed motor vehicle as described in section 1L of chapter 90, it shall be subject to the provisions said section 1I of said chapter 90 applicable to low-speed three-wheeled motor vehicles, and the registrar, in exercising its discretion to determine whether an autocycle is a low-speed vehicle, may issue a distinctive registration plate for such autocycle indicating its speed restrictions.
(e) Regulations. Autocycles shall be considered motorcycles for purposes of inspections and the registrar may amend its regulations for the inspection of motorcycles under 540 C.M.R. 4.06, where necessary, to apply to autocycles. The registrar shall have the authority to promulgate additional regulations relative to titling, registration and equipment standards for autocycles in accordance with this section.
(f) Additional Penalties. Any person who operates an autocycle on a way without wearing protective head gear or safety belts as required herein shall be subject to a fine of not less than $25. A person who operates an autocycle on a way without a valid license for operation of an autocycle or who operates an autocycle with a motorcycle license shall be deemed to be operating a motor vehicle without a license in violation of section 10.
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An Act facilitating better interactions between police officers and persons with autism spectrum disorder
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S2204
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SD267
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:48:01.54'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:48:01.54'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T10:06:42.2466667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:18:12.8766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T10:25:30.5733333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-07T10:25:30.5733333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T09:03:10.59'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-15T09:51:35.7866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T09:51:35.7866667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-23T15:17:58.9333333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T14:52:14.61'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-27T09:11:11.5466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-10T20:06:27.8466667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-06-19T10:22:59.41'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:39:07.6233333'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2204) of Joanne M. Comerford, Mindy Domb, Michael O. Moore, Jack Patrick Lewis and other members of the General Court for legislation to facilitate better interactions between police officers and persons with autism spectrum disorder. Transportation.
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SECTION 1. Chapter 6C of the General Laws is hereby amended by inserting after section 56 the following section:-
Section 56A. (a) The registry of motor vehicles, in consultation with the Massachusetts Chiefs of Police Association and organizations that advocate for persons with autism spectrum disorder, shall design and make available blue envelopes that:
(1) provide written information and guidance on the outside of the envelopes regarding ways to enhance effective communication between a police officer and a person with autism spectrum disorder; and
(2) are capable of holding a person's motor vehicle operator's license, registration and insurance identification card.
Upon request by a person with autism spectrum disorder or if such person is a minor, the person's parent or guardian, the registrar of motor vehicles shall provide a blue envelope designed pursuant to this section to such person, parent or guardian.
(b) The guidance on the outside of the blue envelopes shall include an instruction to attach the envelope to the driver's sunvisor on the side facing the driver for easy and safe access.
SECTION 2. This act shall take effect on January 1, 2024
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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An Act facilitating cost efficient transportation
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S2205
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SD284
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:01:06.797'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:01:06.7966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2205/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2205) of Joanne M. Comerford for legislation to facilitate cost efficient transportation. Transportation.
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The first sentence of section 19A of chapter 90 of the General Laws is hereby amended by inserting after the figure “eighty-five” the following words:- ; provided, that a truck or other motor vehicle in combination with a trailer with a total weight equal to or less than 99,000 pounds may travel on a public way with such a permit.
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An Act prohibiting video recording or broadcasting while driving
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S2206
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SD846
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:05:22.103'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:05:22.1033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2206/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2206) of Joanne M. Comerford for legislation to prohibit video recording or broadcasting while driving. Transportation.
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Subsection (a) of section 13B of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the third sentence the following sentence:- No operator of a motor vehicle shall record or broadcast video of themselves on a mobile electronic device; provided, however, subject to the provisions of section 99 of chapter 272, nothing in this sentence shall prevent the use of a mounted electronic device to continuously record or broadcast video for the purpose of monitoring traffic outside or passengers within the motor vehicle; provided further, that nothing in this sentence shall abrogate or be construed to diminish, restrict or abrogate any right to record or broadcast that is otherwise protected by state or federal law; and provided further, that an operator may record or broadcast video in an emergency or exigent circumstance, or when it is so clearly in the public interest as to override the public safety purpose of this sentence.
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[]
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An Act relative to gender identity on Massachusetts identification
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S2207
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SD1415
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T19:07:15.863'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T19:07:15.8633333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T12:19:47.0966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-29T12:31:36.0266667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:28:21.9733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:34:00.3366667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:22.4033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T12:53:53.4766667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:44:10.0466667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T19:21:33.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2207/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2207) of Joanne M. Comerford, Mindy Domb, Jacob R. Oliveira, Jason M. Lewis and other members of the General Court for legislation relative to gender identity on Massachusetts identification. Transportation.
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SECTION 1. Section 13 of chapter 46 of the General Laws is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, may request a change in the sex designation on the person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X.” An “X” designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates, or by the parent or guardian of the person if the person is a minor, attesting that the request is to conform to the person’s gender identity and is not made for any fraudulent purpose; provided, however, that no medical or health-care related documentation, court order or proof of change of name shall be required by a town clerk or other official in connection with a request under this paragraph.
(2) A person, or the parent or guardian of a person who is a minor, who is requesting a change in, or who has previously changed, the sex designation on the person’s birth record pursuant to paragraph (1) may request a change of name on the person’s birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or health-care related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.
(3) The department of public health may promulgate regulations to implement this subsection.
SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after section 8M the following section:-
Section 8N. The registry of motor vehicles shall permit a person submitting an application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate “X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit, identification card or liquor purchase identification card. No documentation shall be required for such a designation.
The registrar of motor vehicles may promulgate regulations to implement this section. The registrar shall report annually on the number of people, indicated by race and ethnicity, who choose an “X” designation on their driver’s license, learner’s permit, identification card or liquor purchase identification card. No data shall be reported that permits the identification of an individual person.
SECTION 3. The secretary of administration and finance shall develop a plan, including estimated costs and a proposed timeline for implementation, to ensure that any state form or document issued by a state agency that requires an individual to indicate the individual’s gender shall provide an opportunity for the individual to choose a gender option other than male or female; provided, however, that the secretary shall ensure that such a form or document complies with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than January 1, 2025.
SECTION 4. Agencies of the commonwealth shall take affirmative steps to inform youth and young adults of their options regarding sex and gender designations on state documents, including the “X” designation. The registry of motor vehicles, the secretary of state, and all state agencies that interact with youth or young adults in their care or provide them with legal assistance, including, but not limited to, the department of children and families, the department of youth services, the department of mental health, the committee for public counsel services and their child and family law division, shall develop and disseminate materials to inform youth and young adults of the provisions of this act, and develop processes to assist youth and young adults who wish to change their gender designation.
SECTION 5. Any person who experiences discrimination, threats, intimidation or coercion, or an attempt to discriminate, threaten, intimidate or coerce, on the basis of the gender indicated on state documents, including a person’s driver’s license, learner’s permit, identification card or liquor purchase identification card, may contact the civil rights division of the attorney general for investigation under section 11H of chapter 12 of the General Laws or any other applicable law.
SECTION 6. Section 1 shall take effect on July 1, 2024. Materials to be developed under section 4 shall be completed no later than 6 months after the effective date of this act.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}, {'Action': 'Favorable with Amendment', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S30', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30'}, 'Votes': [{'Question': 'Ought to pass – by substitution of a New Draft', 'Bill': {'BillNumber': 'S2207', 'DocketNumber': 'SD1415', 'Title': 'An Act relative to gender identity on Massachusetts identification', 'PrimarySponsor': {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T19:07:15.8633333'}, 'Cosponsors': [{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T19:07:15.8633333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T12:19:47.0966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-29T12:31:36.0266667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:28:21.9733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:34:00.3366667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:22.4033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T12:53:53.4766667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:44:10.0466667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T19:21:33.42'}], 'JointSponsor': None, 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2207', 'IsDocketBookOnly': False}, 'Committee': {'CommitteeCode': 'S30', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30'}, 'Date': '2023-07-24T14:30:00', 'Vote': [{'Favorable': [{'GeneralCourtNumber': 193, 'MemberCode': 'MJR0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'CFF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JMC0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MDB0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JJC0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'LME0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PRF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'A_G0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PDJ0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JFK0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'jml0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'L M0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MOM0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MFR0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PMO', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO'}, {'GeneralCourtNumber': 193, 'MemberCode': 'BET0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0'}], 'Adverse': [], 'ReserveRight': [], 'NoVoteRecorded': [{'GeneralCourtNumber': 193, 'MemberCode': 'RCF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0'}]}]}]}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S2425', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2425/Branches/Senate/Amendments/1/'}, {'AmendmentNumber': '1', 'ParentBillNumber': 'S2207', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2207/Branches/Senate/Amendments/1/'}, {'AmendmentNumber': '2', 'ParentBillNumber': 'S2425', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2425/Branches/Senate/Amendments/2/'}]
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An Act funding the transition to electric vehicles
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S2208
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SD813
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:28:53.167'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:28:53.1666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-16T14:46:10.55'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:56:31.3866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2208/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2208) of Cynthia Stone Creem for legislation to fund the transition to electric vehicles. Transportation.
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Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after 33B the following section:-
Section 33C. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Eligible vehicle,” a passenger vehicle that is neither a plug-in hybrid electric vehicle with an all-electric range of 25 miles or greater nor a battery electric vehicle and whose model has a final sales price of $60,000 or greater.
(b) The registrar shall impose an additional fee on the registration of an eligible vehicle that is leased or purchased new. The fee shall not be imposed on the renewal of the registration of an eligible vehicle.
(c) The registrar, in consultation with the department of energy resources, shall set a formula to determine the size of the fee for each model of eligible vehicle. In setting the formula, the registrar shall consider the eligible vehicle’s: (1) final sales price; (2) weight; and (3) and any other criteria the registrar deems necessary to consider to promote equity and ensure that the fees do not unduly burden low-income residents. The fee imposed on an eligible vehicle shall not exceed $3,500 for a purchased vehicle and shall not exceed $100 for each month in the term of the lease or $3,500 total for a leased vehicle.
(d) The fees received under this section shall be deposited into the Electric Vehicle Adoption Incentive Trust Fund established in section 19 of chapter 25A.
(e) The registrar shall promulgate such rules and regulations as are necessary to administer this section by not later than December 31, 2023.
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An Act relative to carriers of property by motor vehicle
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S2209
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SD460
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T14:41:41.443'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T14:41:41.4433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2209/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2209) of Brendan P. Crighton for legislation relative to carriers of property by motor vehicle. Transportation.
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SECTION 1. Chapter 159B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 15A the following section:-
Section 15B. Notwithstanding any general or special law or regulation to the contrary, any agricultural carrier by motor vehicle or common or contract carrier by motor vehicle, or any individual, partnership, or corporation regularly and lawfully conducting a parcel delivery service or a general express or trucking business, or a business regularly and lawfully engaged in the business of leasing trucks for hire, with or without drivers, may, if authorized by a fleet permit issued by the department, transport or deliver the products sold at retail by licensees under sections 19B, 19C, or 19F of chapter 138 to the ultimate consumers of such products. There shall be an annual fee for such fleet permit of $3,500. Such fleet permit shall cover any and all vehicles owned or hired, and operated, by such permittee. Persons operating a vehicle when engaged in such transportation or delivery shall be required to carry such permit or a photostatic copy thereof. Parcels transported or delivered under this paragraph shall be clearly labeled with words that indicate that the package contains alcohol and that the signature of a person, age 21 years or older, is required for delivery. Receipts for delivery of such parcels shall contain a check box next to the recipient’s signature where he shall certify that he is not under 21 years of age and a check box where the delivery person shall certify that valid identification showing that the recipient is not under 21 years of age was presented by the recipient upon delivery. Notwithstanding the foregoing, a delivery company may use an electronic device to receive the signature of a person accepting delivery of a parcel under this section and to certify that the person has displayed a valid identification as so required. No such delivery shall exceed 108 liters.
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[]
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[]
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An Act to promote economic recovery for restaurants and bars
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S221
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SD926
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T16:52:08.1'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T16:52:08.1'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S221/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 221) of John C. Velis for legislation to promote economic recovery for restaurants and bars. Consumer Protection and Professional Licensure.
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Chapter 138 of the General Laws is hereby amended by inserting after section 78 the following section:-
SECTION 79. Notwithstanding any general or special law to the contrary, an establishment licensed to sell alcoholic beverages or only wines and malt beverages on-premises may sell wine or malt beverages only for off-premises consumption subject to the following conditions: (i) the wine or malt beverage shall not be sold to a person under 21 years of age; provided, however, that any delivery of wine or malt beverages for off-premises consumption shall not be made without verification that the person receiving the order has attained 21 years of age; (ii) the wine shall be sold in its original, sealed container and the malt beverage shall be sold in a sealed container; (iii) the wine or malt beverage shall be sold as part of the same transaction as the purchase of food; provided, however, that any order that includes wine or malt beverages shall be placed not later than the hour of which the establishment is licensed to sell alcohol or 12:00 midnight, whichever time is earlier; and (iv) a customer shall be limited to 192 ounces of malt beverage and 1.5 liters of wine per transaction.
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An Act relative to increasing operational safety for keyless ignition technology in motor vehicles
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S2210
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SD464
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T16:45:27.433'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T16:45:27.4333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T15:24:50.5566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2210/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2210) of Brendan P. Crighton and Vanna Howard for legislation to increase operational safety for keyless ignition technology in motor vehicles. Transportation.
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SECTION 1. Chapter 90 of the General Laws is hereby amended by adding the following section:-
Section 63. (a) For the purposes of this section, the following terms shall have the following meanings:-
“Dealer,” as defined in section 1.
“Key,” as defined in 49 C.F.R. section 571.114.
“Key code carrying device,” a physical device which is capable of electronically transmitting a key code to the vehicle starting system without physical connection, other than its presence in the vehicle, between the device and the vehicle.
“Keyless ignition device,” a physical device which is capable of electronically transmitting a key code to the vehicle starting system without physical connection, other than its presence in the vehicle, between the device and the vehicle.
“Manufacturer,” as defined in section 1.
“Motor vehicle,” as defined in section 1, provided that “motor vehicle” shall not include: (i) motorcycles, as defined in said section 1; (ii) trailers, as defined in said section 1; or (iii) any motor vehicle that is rated at more than 10,000 of gross vehicular weight.
“Registrar,” the registrar of motor vehicles.
“Rental company,” as defined in section 32E1/2.
“Secretary,” the secretary of the department of transportation.
(b) Any manufacturer distributing motor vehicles intended for sale in the commonwealth shall: (i) install technology in each motor vehicle equipped with a keyless ignition device and an internal combustion engine to automatically shut off the motor vehicle after the motor vehicle has idled for a designated period determined by the registrar in consultation with the secretary pursuant to subsection (e); and (ii) install external warning technology that warns the operator if the key or key code carrying device has been taken outside of the motor vehicle while the engine is still running.
(c) Any dealer selling or leasing motor vehicles in the commonwealth shall not sell or lease a new or used motor vehicle equipped with a keyless ignition device and an internal combustion engine if the motor vehicle is not equipped with technology to automatically shut off the motor vehicle after the motor vehicle has idled for a designated period determined by the registrar in consultation with the secretary pursuant to subsection (e), or external warning technology that warns the operator if the key or key code carrying device has been taken outside of the motor vehicle while the engine is still running. Any dealer that intends to sell or lease a new or used motor vehicle equipped with a keyless ignition device and an internal combustion engine that is not equipped with said technology shall install said technology in the motor vehicle to automatically shut off the motor vehicle after the motor vehicle has idled for a designated period to be determine by the registrar in consultation with secretary pursuant to subsection (e) and shall install said external warning technology that warns the operator if the key or key code carrying device has been taken outside of the motor vehicle while the engine is still running prior to making the motor vehicle available for sale or lease.
(d) Any rental company renting motor vehicles in the commonwealth shall not rent to an individual a motor vehicle equipped with a keyless ignition device and an internal combustion engine if the motor vehicle is not equipped with technology to automatically shut off the motor vehicle after the motor vehicle has idled for a designated period determined by the registrar in consultation with secretary pursuant to subsection (e) and external warning technology that warns the operator if the key or key code carrying device has been taken outside of the motor vehicle while the engine is still running. Rental companies shall notify individuals that the motor vehicle they are seeking to rent is equipped with a keyless ignition device and shall explicitly instruct the individual on the operation of the keyless ignition device which shall include, but not be limited to: (i) operation of technology to automatically shut off the motor vehicle after the motor vehicle has idled; and (ii) technology installed in the vehicle to warn the operator that the engine is on after departing the vehicle.
(e) The registrar in consultation with the secretary shall establish a designated period after which a motor vehicle shall automatically shut off pursuant to this section, which shall include, but shall not be limited to, a period of time as necessary to prevent carbon monoxide poisoning. The registrar may designate different periods for different types of motor vehicles, depending on the rate at which the motor vehicle emits carbon dioxide, and if requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning.
(f) Individuals who purchase a motor vehicle found to be in violation of subsections (b), (c), and (d) shall receive protections and shall be eligible to seek remedies established under section 7N through section 7N1/2, inclusive.
(g) Failure to comply with subsections (b), (c) or (d) shall constitute an unfair or deceptive act under chapter 93A, and the attorney general may promulgate regulations detailing unfair or deceptive methods, acts or practices that constitute violations of said subsections (b), (c) or (d). The undersecretary of consumer affairs and business regulation shall notify the office of the attorney general of any method, act, or practice that the undersecretary determines to be a violation of this section.
SECTION 2. Section 7A of said chapter 90, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fifth paragraph the following paragraph:-
The registrar shall establish rules and regulations providing for the inclusion of keyless ignition devices as part of the initial and annual motor vehicle inspection for motor vehicles manufactured after January 1, 2021, pursuant to this section, provided that the rules and regulations shall include, but shall not be limited to: (i) the identification of if the motor vehicle has a keyless ignition device; (ii) the identification of if the motor vehicle with a keyless ignition device is equipped with automatic shut off technology required pursuant to section 63; (iii) the identification of if the motor vehicle with a keyless ignition device is equipped with external warning technology that warns the operator if the key or key code carrying device has been taken outside of the motor vehicle while the engine is still running required pursuant to said section 63; and (iv) safety inspection requirements for the functionality of the keyless ignition device, automatic shut off technology, and external warning technology.
SECTION 3. Clause (b) of the first paragraph of section 7V of said chapter 90, as so appearing, is hereby amended by striking out, in line 15, the word “and”.
SECTION 4. Said first paragraph of said section 7V of said chapter 90, as so appearing, is hereby further amended by striking out, in line 20, the word “fee.” and inserting in place thereof the following words:- fee; and
(d) The requirement that all motor vehicles failing to comply with the provisions of section 63 or vehicles with present safety issues of concern related to the keyless ignition device, automatic shut off technology, or external warning technology as established by the registrar pursuant to section 7A shall be issued a certificate of rejection indicating that the motor vehicle has failed the safety inspection as required by said section 7A.
SECTION 5. Sections 1 through 4, inclusive, of this act shall take effect 2 years following the date of its passage.
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An Act establishing the Metropolitan Transportation Network
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S2211
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SD654
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T16:14:08.677'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T16:14:08.6766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2211/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2211) of Brendan P. Crighton for legislation to establish the Metropolitan Transportation Network. Transportation.
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SECTION 1. Section 1 of chapter 6C of the general laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after the words “Ted Williams tunnel” in the definition of “Metropolitan highway system” the following:- , that portion of state highway route 2 and its related ramps, access roads and frontage roads from the Alewife Brook Parkway interchange in Cambridge to and including the interchange with Interstate 95 in Lexington, that portion of Interstate 93 and its related ramps, access roads and frontage roads extending from the southerly terminus of the Central artery to and including the interchange of Interstate 93 and Interstate 95 in Canton, that portion of Interstate 93 and its related ramps, access roads and frontage roads extending from the northerly terminus of the Central artery to and including the interchange of Interstate 93 and Interstate 95 in Reading, Stoneham and Woburn, that portion of Interstate 95 and its related ramps, access roads and frontage roads extending from and including the interchange of Interstate 95 and Interstate 93 in Canton to and including the interchange of Interstate 95 and 93 in Reading, Stoneham and Woburn, and that portion of state highway route 1 and its related ramps, access roads and frontage roads extending from the northerly terminus of the Central artery north area to and including the interchange of Interstate 95 and state highway route 1 in Peabody.
SECTION 2. Section 1 of chapter 6C of the general laws, as so appearing, is hereby amended by adding, after the definition of “Metropolitan highway system revenues” the following:-
“Metropolitan waterways system”, the comprehensive system of water transportation extending from Cape Ann to Plymouth Harbor.
SECTION 3. Section 1 of chapter 6C of the general laws, as so appearing, is hereby amended by adding, after the definition of “Independent Agencies”, the following definition:-
“Massachusetts Bay Transportation Authority assets”, those certain bus, fixed transit, boat, and rail systems of mass transportation owned, operated or managed by the Massachusetts Bay Transportation Authority that serve the same transportation routes or geographic area as those serviced by the Metropolitan highway system. The secretary shall certify which such assets are deemed to be Massachusetts Bay Transportation Authority assets for the purpose of this section in each edition of the comprehensive transportation plan required pursuant to section 11 of this chapter. The Metropolitan highway system, and the Metropolitan waterways system, together with the Massachusetts Bay Transportation Authority assets so certified by the secretary shall be collectively known as the “Metropolitan transportation network.”
SECTION 4. Section 13 of chapter 6C of the general laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after subsection (c), the following subsections:-
(d) Not later than December 31, 2023, the department shall develop and shall file with the joint committee on transportation a plan to implement a comprehensive system of tolling and travel on and within the metropolitan highway system that shall be consistent with the requirements of subsection (d) of this section, and shall recognize the interrelationship between the Metropolitan highway system and the Massachusetts Bay Transportation Authority assets to the maximum extent possible.
(e) Not later than July 1, 2024, the department shall develop and begin the implementation of a comprehensive system of tolling on the Metropolitan highway system which shall:
(i) be consistent with the Department’s authority as set forth in this chapter;
(ii) establish toll charges that address the operating and capital requirements of the Metropolitan highway system;
(iii) treat the users of the Metropolitan highway system equitably based on the geographic origin and destination, mileage and type of asset being used;
(iv) take advantage of all electronic tolling technology;
(v) provide incentives for motorists using the Metropolitan highway system to use the Massachusetts Bay Transportation Authority assets;
(vi) implement dynamic or peak period pricing aimed at easing congestion and maximizing the environmental benefits to the region served by the Metropolitan transportation network; and
(v) work as a comprehensive transportation system, integrating to the maximum extent possible, seamless connections, operating schedules, and pricing and fare schedules between modes of transport making up the Metropolitan transportation network.
(f) Notwithstanding any general or special law to the contrary, and on the condition that the secretary certifies that the Metropolitan highway system is being adequately operated and maintained, the system of tolling implemented by the Department shall permit the use of toll revenue to be used operate, maintain, repair, replace, enhance and expand, as determined by the Department consistent with the comprehensive state transportation plan required under section 11 of this chapter, the Massachusetts Bay Transportation Authority assets. Any such system shall be consistent with the obligation of the Department to the bondholders of the Metropolitan highway system.
(g) Notwithstanding any general or special law to the contrary, the department is hereby authorized and directed to work with the United States department of transportation, the federal highway administration, the federal railroad administration, the federal transit administration, and the municipalities, metropolitan planning organizations, regional planning agencies and all stakeholders within the region served by the Metropolitan transportation system and to take all action necessary or convenient to implement the requirements of this section.
SECTION 5. Section 17(a) of chapter 6C of the general laws, as appearing in the 2020 Official Edition, is hereby amended by deleting subsection (a) and replacing it with the following subsection:-
(a) The department may provide by resolution at 1 time or from time to time for the issuance of bonds of the department to relating to the turnpike and the metropolitan highway system. Any such bonds shall be special obligations of the department payable solely from monies credited to the fund. Bonds issued pursuant to this section shall not be general obligations of the commonwealth or any political subdivision thereof and shall not constitute a debt or a pledge of the faith and credit of the commonwealth or any such political subdivision.
SECTION 6. Section 3 of chapter 161A of the general laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end of section 3 the following subsection:-
(u) To cooperate, notwithstanding any general or special law to the contrary, with the department of transportation in the development, implementation, management and operation of the comprehensive system of assets established as the Metropolitan transportation network under chapter 6C of the general laws.
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An Act relative to the Move Over Law
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S2212
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SD796
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T13:36:36.08'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T13:36:36.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2212/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2212) of Brendan P. Crighton for legislation relative to the Move Over Law. Transportation.
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SECTION 1. Section 7C of chapter 89 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Recovery vehicle” the following definition:-
"Utility vehicle," a vehicle being used to install, maintain, repair, operate or restore communications service, electric or gas distribution or transmission service in an emergency and that is operated by an employee of or a person under contract with a company incorporated for the transmission of intelligence by electricity or by telephone or an electric distribution, transmission or distribution company as defined by section 1 of chapter 164.
SECTION 2. Subsection (b) of said section 7C of said chapter 89, as so appearing, is hereby amended by inserting after the words “maintenance vehicle”, the following words:- “, utility vehicle”.
SECTION 3. Paragraph (1) of said subsection (b) of said section 7C of said chapter 89, as so appearing, is hereby amended by inserting after the words “maintenance vehicle”, the following words:- “, utility vehicle”.
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An Act relative to defining zone 1 in the MBTA commuter rail system
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S2213
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SD799
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:07:41.27'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:07:41.27'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-24T12:59:09.44'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2213/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2213) of Brendan P. Crighton and Adam Gomez for legislation to define zone 1 in the MBTA commuter rail system. Transportation.
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SECTION 1. The Massachusetts Department of Transportation and Massachusetts Bay Transportation Authority shall define Zone 1 of the commuter rail system as all station stops outside of Zone 1A and within a 15 track mile radius of the Boston terminus of the respective commuter rail line for the purposes of setting fares.
SECTION 2. This act shall take effect on July 1, 2024.
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Resolve to create a mobility pricing commission
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S2214
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SD976
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T17:22:37.507'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T17:22:37.5066667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-27T15:53:36.81'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2214/DocumentHistoryActions
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Resolve
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By Mr. Crighton, a petition (accompanied by resolve, Senate, No. 2214) of Brendan P. Crighton and Steven Owens that provisions be made for an investigation and study by a special commission on the development and deployment of comprehensive and regionally-equitable public transportation, roadway and congestion pricing. Transportation.
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Resolved, for the purposes of this section, the term “public transportation” shall include the Massachusetts Bay Transportation Authority and regional transportation authorities.
There shall be a special commission on mobility pricing to investigate, study and make recommendations on the development and deployment of comprehensive and regionally-equitable public transportation pricing, roadway pricing and congestion pricing.
The commission shall consist of: the secretary of transportation, or a designee; the chief executive officer of the Greater Boston Chamber of Commerce; and 15 members to be appointed by the governor, 1 of whom shall be an expert in transportation planning and policy and who shall not be an employee of the commonwealth or any political subdivision thereof, who shall serve as chair, 1 of whom shall be an expert in tolling systems or toll authorities, 1 of whom shall be an expert in transportation financing, 1 of whom shall be an expert in traffic congestion and congestion pricing, 1 of whom shall be an expert in climate change and environmental policy; 1 of whom shall be a representative of Transportation for Massachusetts, 1 of whom shall be a representative of the Massachusetts Taxpayers Foundation, Inc., 1 of whom shall be members of the Massachusetts Municipal Association, 1 of whom shall be a representative of the Metropolitan Area Planning Council, 1 of whom shall be a representative of the Massachusetts Bay Transportation Authority advisory board, 1 of whom shall be a representative from the Massachusetts Association of Regional Transit Authorities, Inc., 1 of whom shall be a representative from A Better City, Inc., 1 of whom shall be a representative of the 495/MetroWest Corridor Partnership, Inc. and 2 of whom shall be employed by organizations that represent low-income communities that have been historically underserved by transit and acutely adversely affected by the public health impacts of traffic congestion; provided, however, that the members representing low-income communities shall not be from the same organization.
For roadway and congestion pricing, the commission shall: (i) identify and analyze physical, technological, legal and other issues or requirements related to roadway pricing in the commonwealth; (ii) propose detailed specifications and regionally-equitable locations for toll gantries and other equipment necessary to assess and collect tolls; (iii) advise the Massachusetts Department of Transportation on roadway pricing scenarios under the federal Value Pricing Pilot Program; (iv) provide estimates of annual operation and maintenance costs; (v) provide estimates of annual revenue with consideration of declining motor vehicle fuel excise revenue due to vehicle electrification; (vi) provide traffic forecasts, including forecasts of traffic diversion impacts; (vii) provide a regional and social equity analysis with specific recommendations related to mitigating adverse impacts for low income residents; (viii) provide potential impacts on vehicular emissions reduction; (ix) identify all local, state and federal approvals necessary to deploy new tolls and other roadway pricing mechanisms on relevant roadways; and (x) take into consideration roadway and congestion pricing programs in other jurisdictions throughout the United States and the world.
For public transportation pricing, the commission shall: (i) study commute and demand patterns for public transit entities; (ii) study economic development and housing patterns and projections and the impact each has on public transit demand; (iii) review the commonwealth’s laws regarding emissions reductions within the transportation sector; (iv) determine fare structures including but not limited to low income fares, flat rate fares, and fare capping; (v) determine service levels for all modes of transit of the Massachusetts Bay Transportation Authority and regional transit authorities that account for commute patterns and demand, economic development and housing patterns and emissions reduction requirements; (vi) provide estimates of annual operation and maintenance costs; (vii) provide estimates of annual revenue; (viii) provide ridership forecasts; (ix) provide a regional and social equity analysis with specific recommendations related to mitigating adverse impacts; (x) provide potential impacts on vehicular emissions reduction; (xi) identify all local, state and federal approvals necessary to deploy new fare structures at regional transit authorities and the Massachusetts Bay Transportation Authority; and (xii) take into consideration public transportation pricing programs in other jurisdictions throughout the United States and the world.
The commission may also: (i) propose any other revenue sources and strategies that may be needed to meet the commonwealth’s 2050 emissions mandates; and (ii) provide year-to-year direct measurements and estimates of annual operation and maintenance costs; and (iii) propose methods of distributing methods of raised revenue that are in line with the program’s goals.
The commission may investigate, study and make recommendations on additional mobility methods as necessary.
Not later than July 1, 2025, the commission shall file a report of its findings and recommendations, including legislative recommendations and not more than 5 scenarios for mobility pricing plans, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation. The report shall include, but not be limited to, an analysis of mitigation measures to address social equity issues, including, but not limited to, social equity issues for communities underserved by the current transportation system.
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An Act establishing a regional equity and roadway board
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S2215
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SD983
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T17:31:22.27'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T17:31:22.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2215/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2215) of Brendan P. Crighton for legislation to establish a regional equity and roadway board. Transportation.
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Section 13 of chapter 6C of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting at the end of sub-sections (c) the following:-,
(iii) Financial support for traffic congestion relief and public transit initiatives and systems as determined by the regional equity roadway board.
(d) There shall be a Regional Equity Roadway Board that will develop and deploy a comprehensive and regionally- equitable roadway pricing policy for the Commonwealth, which shall include, without limitation, greater Boston metropolitan area roadways, major bridges and interstate highways near the commonwealth’s borders. The Board shall have the authority to implement their regionally – equitable road pricing plan on behalf of the department beginning on January 1, 2025. The Board shall consist of: the secretary of transportation or a designee; 6 members, appointed by the Governor; 1 of whom shall be an expert in transportation planning and policy who is not an employee of the commonwealth or any political subdivision, who shall serve as chair, 1 of whom shall be an expert in tolling systems or toll authorities, 1 of whom shall be an expert in traffic congestion, 1 of whom shall represent a municipality that includes a highway where roadway tolls are currently in place, 1 of whom shall be a former or current member of the mbta fiscal and management control board, and one of whom shall be employed by an organization that represents low-income communities that have been historically underserved by transit and acutely adversely affected by the public health impacts of traffic congestion.
(e) The board shall: (i) identify and analyze physical, technological, legal and other issues or requirements related to roadway pricing in the commonwealth; (ii) propose detailed specifications and regionally-equitable locations for toll gantries and other equipment necessary to assess and collect tolls; (iii) advise the Massachusetts Department of Transportation on roadway pricing scenarios under the federal Value Pricing Pilot Program; (iv) provide estimates of annual operation and maintenance costs; (v) provide estimates of annual revenue; (vi) provide traffic forecasts including forecasts of traffic diversion impacts; (vii) provide a regional and social equity analysis with specific recommendations related to mitigating adverse impacts; and (viii) provide potential impacts on vehicular emissions reduction. The board shall also identify all local, state and federal approvals necessary to deploy new tolls and other roadway pricing mechanisms on relevant roadways.
(f) The board shall file a written report of its findings and recommendations annually before December 15 each year, including legislative recommendations, with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on transportation. The report shall include, but not be limited to, an analysis of mitigation measures to address social equity issues including, but not limited to, social equity issues for communities underserved by the current transportation system and most directly impacted by congestion.
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An Act relative to tolls on the roadways of the commonwealth
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S2216
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SD998
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T16:52:12.463'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T16:52:12.4633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2216/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2216) of Brendan P. Crighton for legislation relative to tolls on the roadways of the commonwealth. Transportation.
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SECTION 1. Section 3 of Chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, the words "fix and revise from time to time and charge and collect tolls for transit over the metropolitan highway system and the turnpike", the first time they appear, and inserting in place thereof the following:- “charge and collect tolls for transit over the metropolitan highway system and the turnpike; said toll rates shall not be increased from the rates in place on January 1, 2023”.
SECTION 2. Subsection (a) of Section 13 of said Chapter 6C is hereby amended by striking out, in line 2 the words "fix and revise" and by inserting in place thereof the following:- “reduce the”.
SECTION 3. Said subsection (a) of said Section 13 of said Chapter 6C is hereby further amended by striking out, in lines 5 to 14, inclusive, the words "Such tolls shall be so fixed and adjusted as to provide, at a minimum, funds sufficient with other revenues, if any, to pay: (i) costs incurred in furtherance of this chapter related to the turnpike including, but not limited to, the cost of owning, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the turnpike; and (ii) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the turnpike as the same shall become due and payable and to create and maintain reserves established for any of the department’s corporate purposes.”
SECTION 4. Subsection (b) of said Section 13 of said Chapter 6C is hereby amended by striking out, in line 44, the words "fix and revise" and by inserting in place thereof the following:- “reduce the”.
SECTION 5. Said subsection (b) of said Section 13 of said Chapter 6C is hereby further amended by striking out, in lines 47 to 58, inclusive, the words "Such tolls shall be so fixed and adjusted as to provide, at a minimum, funds sufficient with other revenues, if any, to pay: (i) costs incurred in furtherance of this chapter related to the metropolitan highway system including, but not limited to, the cost of owning, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the turnpike; and (ii) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the metropolitan highway system as the same shall become due and payable and to create and maintain reserves established for any of the department’s corporate purposes.”
SECTION 6. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall study and report on the feasibility of establishing all-electric tolling along state and interstate highways of the Commonwealth that are not currently subject to a toll. The report shall examine the several options available to the commonwealth to pursue additional tolls, including, but not limited to: (i) placement of all-electronic tolling gantries on roads in the Commonwealth that are not currently tolled; (ii) seeking a federal waiver for the placement of border tolls; (iii) reaching interstate or regional agreements for the placement of additional tolls; and (iv) the commonwealth’s ability to establish border tolls in the event of proposed changes to federal law on interstate highway tolling. The department shall file its report along with any legislative recommendations with the house and senate committees on ways and means and the joint committee on transportation on or before December 31, 2023.
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An Act relative to setting deadlines to electrify the MBTA commuter rail
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S2217
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SD1190
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T10:46:16.24'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T10:46:16.24'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-27T15:53:01.2733333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-27T15:53:01.2733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T15:21:15.8566667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-08T15:21:15.8566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T15:21:15.8566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:21:15.8566667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T19:07:59.93'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T11:53:37.44'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-24T12:57:53.3533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-24T12:57:53.3533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-24T12:57:53.3533333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-24T12:57:53.3533333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-13T16:34:46.67'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T15:16:40.5333333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T13:22:38.5133333'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-25T10:48:38.6266667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-26T10:55:15.53'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2217/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2217) of Brendan P. Crighton, Rebecca L. Rausch, Steven Owens, Jack Patrick Lewis and other members of the General Court for legislation relative to public transit electrification. Transportation.
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SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following definitions:-
“Zero-emission infrastructure” means electric multiple units, electric battery chargers, trolleybus and railway catenary wire, and other equipment to support the operation of electric vehicles.
SECTION 2. Chapter 21N is hereby amended by inserting after Section 7, the following sections:
Section 7½. To contribute to the Commonwealth’s greenhouse gas reduction targets, the Secretary, in consultation with the department of energy resources, department of transportation, department of environmental protection, department of public utilities, and intergovernmental coordinating council established by the Acts of 2022, chapter 179, section 81 shall enforce targets for public fleet electrification.
(a)The Massachusetts Bay Transportation Authority and its commuter rail contractor shall operate a fully electric commuter rail system by December 31, 2035 and ensure sufficient zero-emission infrastructure is in place to accomplish said timeline.
SECTION 3. Chapter 161A is hereby amended by inserting the following paragraphs in section 7 after the term “under Section 6C”:
(a) The Massachusetts Bay Transportation Authority shall implement electrification along all commuter rail lines by no later than December 31, 2035 and according to the below interim deadlines for each phase. Commuter rail lines serving environmental justice populations as defined in section 62 of chapter 30 of the General Laws shall be the first lines to electrify in Phase I. In Phase I, the Massachusetts Bay Transportation Authority shall operate electric trains on the Fairmount Commuter Rail Line from South Station to Readville Station, Newburyport/Rockport Line through Beverly Station and the entire Providence/Stoughton Line by December 31, 2024. Not later than November 1, 2023, the Massachusetts Department of Transportation should begin construction on the Fairmount corridor Newburyport/Rockport Line environmental justice corridor to support rail electrification. In Phase II, the Massachusetts Bay Transportation Authority shall operate electric trains on the Framingham/Worcester Line by December 31, 2026. In Phase III, the Massachusetts Bay Transportation Authority shall operate electric trains on the Middleborough/Lakeville Line by December 31, 2027. In Phase IV, the Massachusetts Bay Transportation Authority shall operate electric trains on the remaining routes listed below and remaining sections of the Newburyport/Rockport Lines by December 31, 2035:
(1) South Coast
(2) Haverhill
(3) Lowell
(4) Fitchburg
(5) Franklin/Foxboro
(6) Kingston
(7) Greenbush
(8) Foxboro Event Service
(9) Needham
(10) Newburyport/ Rockport (beyond Beverly)
The MBTA governing board of directors shall monitor the progress of electrifying the commuter rail fleet in four phases.
SECTION 4. The Massachusetts Bay Transportation Authority shall implement service frequency standards to ensure that rail electrification technology meets the goals of a regional rail system. By December 31, 2029, the Massachusetts Bay Transportation Authority shall have the ability to operate service on the Fairmount Line, Newburyport/Rockport Line through Salem Station, and the Providence/Stoughton Line every 7.5 minutes in each direction. By December 31, 2029, the Massachusetts Bay Transportation Authority shall have the ability to operate service on the Newburyport/Rockport Line branches from Beverly Station to Newburyport/Rockport every 15-30 minutes in each direction. By December 31, 2035, the Massachusetts Bay Transportation Authority shall have the ability to operate service on the Worcester Line through Framingham Station every 15 minutes in each direction. By December 31, 2029, the Massachusetts Bay Transportation Authority shall have the ability to operate service on the remaining Lines and portions of Lines not mentioned above every 30-60 minutes in each direction. By December 31, 2035, the Massachusetts Bay Transportation Authority shall have the ability to operate service on the Fairmount Line, Newburyport/Rockport Line through Salem Station, the Providence/Stoughton Line, and the Worcester Line through Framingham Station every 5 minutes in each direction. By December 31, 2035, the Massachusetts Bay Transportation Authority shall have the ability to operate service on the remaining Lines and portions of Lines not mentioned above every 15 minutes in each direction. The Massachusetts Bay Transportation Authority Board of Directors shall monitor the progress of the implementation of the service frequency standards.
The Massachusetts Bay Transportation Authority and Massachusetts Department of Transportation shall submit applications, as appropriate, for federal funding to accomplish zero-emission infrastructure and electric commuter rail operations.
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An Act setting deadlines for school bus and public fleet electrification, and programs to encourage electrification of private fleets
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S2218
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SD1195
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T10:58:05.18'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T10:58:05.18'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T15:24:16.8666667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T11:53:29.5066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T15:16:33.2766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-31T12:21:54.4733333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:57:41.34'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2218/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2218) of Brendan P. Crighton, Jack Patrick Lewis and John F. Keenan for legislation to promote zero-emission vehicle fleets by 2035. Transportation.
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SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following definitions:-
“Electric vehicles” are vehicles that rely solely on electric motors for propulsion and includes non-combustion vehicles.
“Emergency vehicle”, any publicly owned vehicle operated by a peace officer in performance of their duties, any authorized emergency vehicle used for fighting fires or responding to emergency fire calls, any publicly owned authorized emergency vehicle used by an emergency medical technician or paramedic, or used for towing or servicing other vehicles, or repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement, vector control, or pest abatement agencies and used for those purposes, or any ambulance used by a private entity under contract with a public agency.
SECTION 2. Section 1 of chapter 21N is hereby amended by inserting the following definitions:
“Electric vehicle”, as defined in section 1 of chapter 90.
“Motor vehicles”, as defined in section 1 of chapter 90.
“Motor vehicle fleet” is a set of at least twenty-five motor vehicles under the same ownership or control and registered in the Commonwealth of Massachusetts.
“Motor vehicle fleet serving a public purpose” is a motor vehicle fleet of which a portion is leased, rented, or contracted by the Commonwealth of Massachusetts or a municipality or any political subdivision thereof from a person or entity other than the Commonwealth of Massachusetts or a municipality to provide a public service or for its own use, including school buses and paratransit vehicles.
“Public motor vehicle fleet” is a motor vehicle fleet owned by the Commonwealth of Massachusetts, a transportation authority, a school district, a public university, a quasi-public agency, or a municipality or in the shared ownership of multiple municipalities, or any political subdivision thereof. A public motor vehicle fleet includes vehicles under the same ownership of the Commonwealth or a municipality, even if a portion of the motor vehicle fleet is under the management or control of separate secretariats, departments, agencies, or offices.
SECTION 3. Chapter 21N is hereby amended by inserting after section 7 the following sections: -
Section 7A. The Secretary, in consultation with the department of energy resources, department of transportation, department of environmental protection, and department of public utilities, shall develop a transition to an electric school bus and motor vehicle fleet program and promulgate regulations to require the following motor vehicle fleet standards: (a) fifty percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2025; (b) seventy-five percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2030; and (c) one hundred percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2035.
In reaching the Commonwealth’s public fleet requirements defined in this section, the Secretary shall prioritize for electrification any vehicles cited as medium- or high-priority by the study commissioned pursuant to section 6 of chapter 448 of the acts of 2016. To meet the deadlines established in this section, the Secretary shall prioritize electric vehicle deployment in locations serving environmental justice populations as defined in section 62 of chapter 30 of the general laws.
Section 7B. Notwithstanding section 9A of chapter 7, vehicles subject to the electric vehicle public motor vehicle fleet program include the following: all public motor vehicle fleets, all motor vehicle fleets serving a public purpose, and all motor vehicle fleets that are owned, leased, rented, or contracted, by quasi-public agencies, excluding emergency vehicles. The Department of Energy Resources, with input from the Department of Environmental Protection, Department of Public Utilities, Department of Transportation, and the intergovernmental coordinating council established by the Acts of 2022, chapter 179, section 81, shall: (i) establish goals for private motor vehicle fleets conversion; (ii) identify and implement incentives to support electric vehicle purchases; (iii) work with owners of motor vehicle fleets used for public transportation licensed to operate in the Commonwealth pursuant to chapter 90 or chapter 159A to transition to electric vehicles; and (iv) work with owners of motor vehicle fleets used as commercial motor carriers, freight services, limousine services, and taxis registered to operate in the Commonwealth to transition to electric vehicles.
Section 7C. The Secretary, in consultation with the executive office for administration and finance, shall require that new motor vehicles purchased by the Commonwealth shall be electric vehicles according to the following deadlines: (i) sixty percent of all purchases in 2023; (ii) eighty percent of all purchases in 2024; (iii) ninety percent of all purchases in 2025; and (iv) one hundred percent of all purchases in 2026. The Secretary or designee, in consultation with the Executive Office of Administration and Finance shall establish a centralized joint procurement process for public fleets to reduce procurement costs.
Section 7D. The Department of Energy Resources shall design and implement an incentive program to encourage the conversion of private fleets to electric vehicles. Should an owner of a motor vehicle fleet fail to comply with electric vehicle program requirements, the Department of Energy Resources shall remove the incentive for that owner and require reimbursement of the incentive. As part of the incentive program, the Department of Energy Resources shall ensure a specific pool of funds, not less than ten percent of all funds allocated to the incentive program, is available to municipalities to promote the transition to electric vehicle motor vehicle fleet.
SECTION 4. Beginning in 2024 and every five years thereafter through 2040, the Secretary shall submit a report to the Legislature that measures the Commonwealth’s progress towards implementation of the electric vehicle motor vehicle fleet program. The report shall: (i) assess the electric vehicle market in the Commonwealth; (ii) identify funding sources to serve as incentives for purchasing electric vehicles to offset costs to agencies, municipalities, and businesses; (iii) identify barriers to increased penetration of electric vehicles; and (iv) recommend legislative and regulatory action to address those barriers.
SECTION 5. The Secretary may provide education, training, and technical assistance to motor vehicle fleet operators to support electric vehicle penetration. The Secretary may pursue federal funding opportunities to support electric vehicle penetration throughout the Commonwealth in accordance with the requirements of Chapter 21N.
SECTION 6. The regulations required pursuant to sections 7A through 7D of said chapter 21N shall be promulgated and in effect not later than 270 days following the effective date.
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An Act relative to the certification of inspection for new motor vehicles
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S2219
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SD1326
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:58:04.61'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:58:04.61'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2219/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2219) of John J. Cronin for legislation relative to the certification of inspection for new motor vehicles. Transportation.
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SECTION 1. Section 7A of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by striking out in line 44 the word “may” and inserting in place thereof the word “shall.”
SECTION 2. Said Section 7A of Chapter 90, as so appearing, is hereby amended by adding at the end of the fourth paragraph the following new text: - The registrar shall provide the owner of a new motor vehicle subject to the inspection waiver, together with the certificate of registration, with a decal to be affixed to the vehicle which contains the month of the next required annual vehicle inspection. Any fee assessed by the Registry of Motor Vehicles for the decal shall not exceed the amount charged for the annual emissions testing and safety program. The waiver for the initial annual inspection of new vehicles shall not be applicable to the inspection of all buses and transportation network vehicles pursuant to this chapter.
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An Act relative to the collection of debt
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S222
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SD2315
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:39:41.917'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:39:41.9166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S222/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 222) of John C. Velis for legislation relative to the collection of debt. Consumer Protection and Professional Licensure.
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SECTION 1: Notwithstanding any general or special law to the contrary, a debt collector and a consumer shall be permitted to consider other options of payment.
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An Act to modernize and enhance the distribution of Chapter 90 funds
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S2220
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SD1877
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T10:16:19.87'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T10:16:19.87'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2220/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2220) of John J. Cronin for legislation to modernize and enhance the distribution of Chapter 90 funds. Transportation.
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Section 4 of chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (b) the following subsections:
(c) All expenditures for maintaining, repairing, improving, and constructing municipal ways and bridges, and other eligible municipal projects, made by the department in accordance with subsection (b), shall be allocated by the commissioner to each municipality based upon the following factors-
(i) The cost of resurfacing two percent of all municipally owned, but not state numbered, roads within said municipality;
(ii) The cost of resurfacing three and three-tenths percent of all municipally owned and maintained state numbered routes within said municipality.
(d) The match factor of the Municipal Match Program set forth in Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, for the purpose of maintaining, repairing, improving, and constructing municipal ways and bridges, and other eligible municipal projects, shall be determined by using the measure of aggregate property values and aggregate personal income within each municipality, with each measure to be given equal weight.
The maximum allowable match by the Commonwealth shall be two hundred percent of the allocation put forth by a municipality, not to exceed said sum of local apportionment. The minimum allowable match shall be twelve and a half percent of the allocation set forth by a municipality, not to exceed said sum of local apportionment.
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An Act designating a certain bridge in the city of Leominster as the Honorable John Walter Olver Memorial Bridge
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S2221
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SD1949
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T20:43:00.55'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T20:43:00.55'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-23T11:01:25.41'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-16T15:41:55.39'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2221/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2221) of John J. Cronin and Natalie M. Blais for legislation to designate a certain bridge in the city of Leominster as the Honorable John Walter Olver Memorial Bridge. Transportation.
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SECTION 1. The "Twin Cities Rail Trail” Bridge L-08-023 (BX9), in the City of Leominster, constructed over Route 2 in the area of Exit 99B, shall be designated and known as the Honorable John Walter Olver Memorial Bridge in recognition of Congressman John Walter Olver. Congressman Olver served in both chambers of the Massachusetts General Court, being elected to the Massachusetts House of Representatives in 1968, and the Massachusetts Senate in 1972. Congressman Olver represented the 1st Congressional District of Massachusetts from 1991-2013. The Massachusetts Department of Transportation shall erect and maintain a suitable marker bearing the designation in compliance with the standards of the department.
SECTION 2. This act shall take effect upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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An Act to build future-forward parking structures to promote EV equity and walkable downtowns
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S2222
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SD2239
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T14:27:03.16'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T14:27:03.16'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-11T09:04:18.24'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2222/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2222) of John J. Cronin for legislation to build future-forward parking structures to promote EV equity and walkable downtowns. Transportation.
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The General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Chapter 40X, the following section:
Chapter 40Y. Equitable EV Facilities Matching Fund
Section 1. (a) There shall be established a financing program for the construction, reconstruction, and renovation of municipal parking facilities to provide electric vehicle charging stations, as defined in section 16 of chapter 25A and as provided in clause (b) of the second paragraph of section 4 of chapter 6C of the General Laws. The appropriation shall be considered an available fund upon approval of the commissioner of revenue pursuant to section 23 of chapter 59 of the General Laws. As provided in section 9G of chapter 29 of the General Laws, within 60 days after receipt by the Department of a request for reimbursement from the city or town, which request shall include certification by the city or town that actual expenses have been incurred on projects eligible for reimbursement under this item and that the work has been completed to the satisfaction of the city or town according to the specifications of the project and in compliance with applicable laws and procedures established by the department.
(b) A city or town shall comply with the procedures established by the Massachusetts Department of Transportation (“Department”), including submitting a financing plan to be certified by the Department.
(1) Prior to reimbursement, a city or shall submit each eligible project for certification by the Department and must meet, at a minimum, the following performance standards:
(i) Facilitate the reduction and redevelopment of surface parking in downtown areas;
(ii) Provide affordable and accessible electric vehicle (EV) charging infrastructure to residents of dense multifamily neighborhoods;
(iii) Support additional housing production and transit-oriented growth, as demonstrated by local zoning and parking requirements;
(iv) Incorporate context-sensitive urban design and promote a safe, active streetscape that encourages walking; and
(v) A financing plan that covers the local share of the project cost.
Section 2. Electric Vehicle Charging Station Matching Fund
In order to assist in establishing a financing program for the construction, reconstruction, and renovation of municipal parking facilities to provide electric vehicle charging stations in the state, there is hereby established a fund to be known as the Electric Vehicle Charging Station Matching Fund, hereinafter referred to as the matching grant fund, to which shall be credited the proceeds of bonds or notes of the commonwealth issued for the purpose, and any appropriations designated by the general court to be credited thereto. The commonwealth shall reimburse a city or town under this item based on the city or town’s median income ranging from 30 per cent to 80 per cent. The matching grant fund shall be administered by the Department. The Department shall hold the matching grant fund in an account or accounts separate from other funds of the Department. The purpose of the matching grant fund shall be to provide funds for capital expenditures to be made in connection with projects which are sponsored by cities and towns.
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An Act relative to an arts license plate
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S2223
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SD396
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:23:18.8'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:23:18.8'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-07T16:12:24.77'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2223/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2223) of Julian Cyr and Christopher Richard Flanagan for legislation relative to an arts license plate. Transportation.
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Section 2E of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (d) the following subsection:-
(e) The registrar shall furnish, upon application, to the owners of private passenger motor vehicles distinctive registration plates which shall display on the face a design indicating support for the arts. Such a design shall be selected through a contest to be judged by the Massachusetts Cultural Council or their designees. There shall be a fee of not less than $50 dollars for such plates in addition to the established registration fee for private passenger motor vehicles, which shall be payable at the time of registration of the vehicle and at each renewal thereof. The portion of the total fee remaining after the deduction of costs directly attributable to the issuance of such plates shall be transferred within ninety days of receipt thereof to the Massachusetts Cultural Council.
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An Act to improve RMV fee payment, equity, and road safety
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S2224
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SD436
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:52:39.203'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:52:39.2033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:31:35.78'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2224/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2224) of Julian Cyr and Sal N. DiDomenico for legislation to improve RMV fee payment, equity, and road safety. Transportation.
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SECTION 1. Section 2A of chapter 60A, as appearing in the 2020 Official Edition, is hereby amended in the second paragraph after the word “renew”, in lines 31-32, by striking out the words “the license to operate a motor vehicle of the registered owner of said vehicle or”.
SECTION 2. Section 47B of chapter 62C is hereby repealed.
SECTION 3. Section 20A of chapter 90, as appearing in the 2020 Official Edition, is hereby amended by striking out at the end of the third paragraph the words:-
“Failure to obey this notice within twenty-one days after the date of violation may result in the non-renewal of the license to drive and the certificate of registration of the registered owner.”
SECTION 4. Said section 20A of said chapter 90, as so appearing, is hereby further amended by adding after the fifth paragraph following paragraph:-
To facilitate efficient payment of violations under this section, the Parking Clerk shall electronically notify any driver who has an unpaid assessment on the following schedule: not less than one week after the citation is issued, seven days before the assessment becomes due, and on the date the assessment is due. The notice shall be sent by text message and electronic mail to any phone number and email address provided by the driver of the vehicle.
Said notice shall include the amount of the assessment, the date due for payment, instructions on how to pay the assessment, and information regarding the right to request a noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment based on financial hardship.
SECTION 5. Said section 20A, of said chapter 90, as so appearing, is hereby further amended by striking out the seventh and eighth paragraphs.
SECTION 6. Said section 20A, of said chapter 90, as so appearing, is hereby further amended in the eleventh paragraph after the words “violation by mail,”, in line 183, by inserting the words:-
and the procedure to request a noncriminal hearing to determine an assessment reduction or waiver based on financial hardship
SECTION 7. Said section 20A, of said chapter 90, as so appearing, is hereby further amended by inserting at the end the following paragraphs:-
Any person notified to appear before the parking clerk, as provided herein, may appear before such parking clerk or his designee and request a noncriminal hearing to determine an assessment reduction based on hardship, either personally or through an agent duly authorized in writing or by mailing to such parking clerk a signed request. The parking clerk shall notify the clerk-magistrate of the district court for the judicial district in which the parking violation occurred of such request for a noncriminal hearing, in such manner as the chief justice of the district court department and the parking clerk shall jointly determine. The assessment shall be reduced or waived if the magistrate or justice determines that the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.
If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3 of chapter 90C of the General Laws.
SECTION 8. Section 22 of said chapter 90, as so appearing, is hereby amended by striking out paragraph (h).
SECTION 9. Section 22G of said chapter 90, as so appearing, is hereby repealed.
SECTION 10. Section 23 of said chapter 90, as so appearing, is hereby amended by striking the first paragraph and inserting in place thereof the following paragraphs:-
Any person convicted of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate, and any person convicted of operating or causing or permitting any other person to operate a motor vehicle after the certificate of registration for such vehicle has been suspended or revoked and prior to the restoration of such registration or to the issuance of a new certificate of registration for such vehicle , or whoever exhibits to an officer authorized to make arrests, when requested by said officer to show his license, a license issued to another person with intent to conceal his identity, shall, except as provided by section twenty-eight of chapter two hundred and sixty-six, be punished by a fine of not more than five hundred dollars, and any person who attaches or permits to be attached to a motor vehicle or trailer a number plate assigned to another motor vehicle or trailer, or who obscures or permits to be obscured the figures on any number plate attached to any motor vehicle or trailer, or who fails to display on a motor vehicle or trailer the number plate and the register number duly issued therefor, with intent to conceal the identity of such motor vehicle or trailer, shall be punished by a fine of not more than one hundred dollars. Any person convicted of operating a motor vehicle after his license to operate has been revoked by reason of his having been found to be an habitual traffic offender, as provided in section twenty-two F, or after notice of such revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license to operate shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two years, or both. In no case shall a person be prosecuted for operating after suspension or revocation of a license upon a failure to pay an administrative reinstatement fee.
SECTION 11. Said section 23, of said section 90, as so appearing, is hereby further amended by striking the second paragraph and inserting in place thereof the following paragraph:-
Notwithstanding the preceding paragraph or any other general or special law to the contrary, whoever has been found responsible for or convicted of, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has been rendered on, a complaint charging a violation of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate shall be punished by a fine of not more than $500. This paragraph shall not apply to any person who is charged with operating a motor vehicle after his license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N, of this chapter, subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after notice of such suspension or revocation of his right to operate a motor vehicle without a license has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license or right to operate because of any such violation.
SECTION 12. Said section 23, of said section 90, as so appearing, is hereby further amended by striking out the sixth paragraph.
SECTION 13. Said section 23, of said section 90, as so appearing, is hereby further amended by striking out the seventh paragraph.
SECTION 14. Section 26A of said chapter 90, as so appearing, is hereby amended by striking out the last sentence of paragraph (a).
SECTION 15. Section 27 of said chapter 90, as so appearing, is hereby amended by inserting at the end the following paragraphs:
In any case where a violator owes an assessment, such violator may request a waiver or reduction of the assessment. The assessment shall be reduced or waived if the magistrate or justice determines that the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.
If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3 of chapter 90C of the General Laws.
SECTION 16. Section 33 of said chapter 90, as so appearing, is hereby amended by striking out paragraph thirty-six.
SECTION 17. Section 34J of said chapter 90, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
Any person who is convicted of, or who enters a plea of guilty to a violation of this section shall be liable to the plan organized pursuant to section one hundred and thirteen H of chapter one hundred and seventy-five in the amount of the greater of five hundred dollars or one year's premium for compulsory motor vehicle insurance for the highest rated territory and class or risk in effect at the time of the commission of the offense. Said liability shall be in addition to all other liabilities imposed on the person so convicted or so pleading whether civil or criminal. The said plan shall apply any sums collected hereunder, to defray its costs of collection and to defray in whole or in part its expenses for preventing fraud and arson. Furthermore, any person who is convicted of, or enters a plea of guilty to a violation of this section shall have his or her motor vehicle registration suspended upon the registrar's receipt of notification from the clerk of any court which enters any conviction hereunder or which accepts such plea of guilty until said person provides the registrar with proof of a motor vehicle liability policy in accordance with the provisions of this chapter. The clerk of any court which enters any conviction hereunder or which accepts such plea shall promptly notify the registrar of motor vehicles and the Commonwealth Auto Reinsurers pursuant to section one hundred and thirteen of chapter one hundred and seventy-five or any successor thereto of such entry of acceptance of such plea.
SECTION 18. Section 3 of chapter 90C, as appearing in the 2020 Official Edition, is hereby amended by inserting in the second paragraph after the words “contest responsibility for the infraction,”, in lines 11-12, the following words:-
or request an assessment reduction or waiver based on financial hardship
SECTION 19. Said section 3 of said chapter 90C , as so appearing, is hereby further amended by striking out the first paragraph of (A)(4) and inserting in place thereof the following paragraph:
(4) A violator may request an assessment reduction or waiver or contest responsibility for the infraction by making a signed request for a noncriminal hearing on the citation and mailing such citation, together with a $25 court filing fee, to the registrar at the address indicated on the citation within 20 days of the citation. The court filing fee shall be waived if the violator is requesting an assessment reduction. Notwithstanding any general or special law to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee, shall immediately cause the court filing fee to be transferred to the trial court department to be held as retained revenue; provided, however, that the registrar may retain from the court filing fees an amount not greater than $200,000 for fiscal year 2011 for information technology associated with the implementation of this section; and provided, further that the registrar may retain an amount not greater than $100,000 annually for personnel costs associated with the processing of those filing fees.
SECTION 20. Said section 3 of said chapter 90C, as so appearing, is hereby further amended by inserting at the end of the second paragraph of (A)(4) after the sentence “The registrar’s determination of such issue shall be final” the following sentence:-
This paragraph shall not apply to a violator requesting an assessment reduction or waiver.
SECTION 21. Said section 3 of said chapter 90C, as so appearing, is hereby further amended by inserting at in the eighth paragraph of (A)(4) after the words “imposed assessment”, in line 1010, the following words:-
or the violator requests an assessment reduction or waiver.
SECTION 22. Said section 3 of said chapter 90C , as so appearing, is hereby further amended by inserting at the end of (A)(4) the following paragraphs:-
In any case where a violator owes an assessment, such violator may request a noncriminal hearing to determine a reduction or waiver of the assessment. In any such hearing, the magistrate or justice shall reduce or waive the assessment if the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.
If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the following schedule:
(a) If the violator is currently in receipt of any needs-based public assistance or benefit or meets the definition of “indigency” under section 2 of chapter 211D, the remaining assessment shall be reduced to no more than 1% of said violator’s monthly income or $5, whichever is lower.
(b) If the violator earns 101-200% of the HUD very low income limit, the remaining assessment shall be reduced by 75%.
(c) If the violator earns 201-300% of the HUD very low income limit, the remaining assessment shall be reduced by 50%.
(d) If the violator earns 301-400% of the HUD very low income limit, the remaining assessment shall be reduced by 25%.
If the violator earns over 400% of the HUD very low income limit and the magistrate or justice finds that imposing the original assessment would cause financial hardship to the violator or the family or dependents thereof, all fees, including but not limited to administrative and late fees, shall be waived or reduced and the remaining assessment may be reduced by an amount determined by the magistrate or justice.
In determining the violator’s earnings, the magistrate or justice shall calculate the violator’s current total monthly income, including wages and excluding any child support or Supplemental Security Income (SSI), and determine the number of persons in the family. In making these determinations, the magistrate or justice shall use the information provided by the violator.
SECTION 23. Said section 3 of said chapter 90C, as so appearing, is hereby further amended in (A)(6)(a)(ii) after the words “unless and until the violator”, in line 129, the following words:-
appears for a noncriminal hearing before a magistrate or justice or
SECTION 24. Said section 3 of said chapter 90C, as so appearing, is hereby further amended in (A)(6)(a)(ii) by striking out subsection (i) and (ii) and inserting in place thereof the following paragraphs:
(AA) in the case of an operator violation, any license to operate a motor vehicle issued to such violator by the registrar will not be renewed upon or after the expiration date of such license; or
(BB) in the case of an owner violation, any registration of a motor vehicle issued to such violator by the registrar will not be renewed upon or after the expiration date of such registration.
Unless such notice is sooner cancelled by the registrar, in the case of an operator violation, such violator's operators license, learners permit or right to operate, or in the case of an owner violation any registration of a motor vehicle issued to such violator by the registrar, shall be renewed by the registrar upon payment of the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late fees or other administrative fees which the registrar is required or authorized by law or regulation to impose, unless such fees are waived in whole or in part by the registrar or a magistrate or justice.
The registrar shall waive all late fees and administrative fees, including reinstatement fees, for any violator who is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit.
SECTION 25. Said section 3 of said chapter 90C, as so appearing, is hereby further amended by adding after paragraph (A)(3) the following paragraph:-
To facilitate efficient payment of citations under this section, the Registry of Motor Vehicles shall electronically notify any driver who has an unpaid assessment on the following schedule: not less than one week after the citation is issued, seven days before the assessment becomes due, and on the date the assessment is due. The notice shall be sent by text message and electronic mail to any phone number and email address provided by the driver of the vehicle.
Said notice shall include the amount of the assessment, the date due for payment, instructions on how to pay the assessment, and information regarding the right to request a noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment based on financial hardship.
SECTION 26. Said section 3 of said chapter 90C , as so appearing, is hereby further amended by striking out paragraph (A)(6)(b).
SECTION 27. Said section 3 of chapter 90C is hereby further amended by striking out the paragraph after (B)(3)(c) and inserting in place thereof the following paragraph:-
Upon receipt of such notice, the registrar shall send a notice to the violator’s mail address or last known address notifying the violator that said violator may not renew, apply for or receive any operators license, learners permit, certificate of registration or title, number plate, sticker, decal or other item issued by the registrar unless and until the violator presents the registrar with a certificate of the clerk-magistrate of the court that the matter has been fully disposed of in accordance with law or, in the case of a matter still pending before the court, that the violator is attending to the matter to the satisfaction of the court. The court shall not unreasonably withhold such certificate. The registrar shall cancel such revocation, and so notify the court, if satisfied that it resulted through error of the registrar or the court.
SECTION 28. Section 2A of chapter 211D, as appearing in the 2020 Official Edition, is hereby amended by striking out paragraph (h) and inserting in place thereof the following paragraph:-
(h) The clerk of the court shall, within 60 days of appointment of counsel, report to the department of revenue and the department of transitional assistance the amount of any legal counsel fee owed by the person for whom counsel was appointed under this chapter. The department of revenue shall intercept payment of such fee from tax refunds due to persons who owe all or a portion of such fee.
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An Act relative to Steamship Authority borrowing
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S2225
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SD437
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:57:10.983'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:57:10.9833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2225/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2225) of Julian Cyr for legislation relative to Steamship Authority borrowing. Transportation.
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SECTION 1. Paragraph (b) of section 4 of chapter 701 of the acts of 1960 as most recently amended by Section 12 of chapter 79 of the Acts of 2014 is hereby amended by striking out the figure “$100,000,000” and inserting in place thereof the following figure:- "$150,000,000".
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An Act relative to human trafficking awareness
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S2226
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SD1880
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T10:16:55.22'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T10:16:55.22'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-08-03T14:37:43.6633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2226/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2226) of Julian Cyr for legislation relative to human trafficking awareness. Transportation.
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SECTION 1. Chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end of Section 31 the following:-
Section 31A. The office of planning and programming shall provide a sample sign, to be approved by the general manager. Such sign shall be not less than eight and one-half inches high and eleven inches wide containing the following notice:-
“WARNING. Obtaining forced labor or services is a crime under Massachusetts law. If you or someone you know is being forced to engage in any activity and cannot leave – whether it is commercial sex, housework, farm work or any other activity – call the National Human Trafficking Hotline: 1-888-373-7888. You can remain anonymous, and the Hotline is available 24 hours a day, seven days a week.”
Such notice shall be provided in English, Spanish, Chinese, Vietnamese, and Portuguese, and any other language as recommended by the office of planning and programming, whereby the English notice must cover at least one-half of the sign, to display in all state highway and mass transit facilities and vehicles that are open to the public, including restrooms, in a conspicuous manner clearly visible to the public and employees.
(b) The office of planning and programming shall periodically, and at least annually, consult with the attorney general as to whether a sample sign pursuant to subsection (a) shall be provided in any other language.
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An Act to end debt-based driving restrictions and remove economic roadblocks
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S2227
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SD2337
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T16:01:34.143'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T16:01:34.1433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-07T13:23:56.16'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T13:23:56.16'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-07T13:23:56.16'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:23:56.16'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-07T13:23:56.16'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-07T13:23:56.16'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T13:23:56.16'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-07T13:23:56.16'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-22T13:49:05.63'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-22T13:49:05.63'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-22T13:49:05.63'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T13:49:05.63'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T13:49:05.63'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-07T16:10:45.4533333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T16:10:45.4533333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T14:25:12.8'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-14T17:45:29.4933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2227/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2227) of Julian Cyr, Joanne M. Comerford, Jack Patrick Lewis, Sean Garballey and other members of the General Court for legislation to end debt-based driving restrictions and remove economic roadblocks. Transportation.
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SECTION 1. Section 2A of chapter 60A of the General Laws, is hereby amended in the second paragraph after the word “renew”, in lines 31-32, by striking out the words “the license to operate a motor vehicle of the registered owner of said vehicle or”.
SECTION 2. Section 47B of chapter 62C of the General Laws is hereby repealed.
SECTION 3. Section 20A of chapter 90, of the General Laws, is hereby further amended by adding after the fifth paragraph following paragraphs:-
To facilitate efficient payment of violations under this section, the Parking Clerk shall electronically notify any driver who has an unpaid assessment on the following schedule: not less than one week after the citation is issued, seven days before the assessment becomes due, and on the date the assessment is due. The notice shall be sent by text message and electronic mail to any phone number and email address provided by the driver of the vehicle.
Said notice shall include the amount of the assessment, the date due for payment, instructions on how to pay the assessment, and information regarding the right to request a noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment based on financial hardship.
SECTION 4. Section 20A of chapter 90, of the General Laws, is hereby further amended by striking out the seventh and eighth paragraphs, and inserting the following paragraph:-
If any person fails to appear in accordance with said notice, the parking clerk shall notify the registrar of motor vehicles who shall place the matter on record and, upon receipt of two or more such notices, shall not renew the license to operate a motor vehicle of the registered owner of the vehicle or the registration of said vehicle until after notice from the parking clerk that all such matters have been disposed of in accordance with law. No further fees shall be assessed against the registered owner of said vehicle. It shall be the duty of the parking clerk to notify the registrar forthwith that such case has been disposed of in accordance with law, provided however, that a certified receipt of full and final payment from the parking clerk of the city or town in which the violation occurred or a certified copy of a financial hardship fee waiver granted in accordance to section 3 of chapter 90C shall also serve as legal notice to the registrar that said violation has been so disposed of. The notice to appear provided herein shall be printed in such form as the registrar of motor vehicles may approve. The parking clerk shall distribute such notices to the commanding officer of the police department of the city or town upon request, and shall take a receipt therefor. The registrar shall approve such other forms as he deems appropriate to implement this section, and said forms shall be printed and used by the cities and towns.
SECTION 5. Section 20A of chapter 90, of the General Laws, is hereby further amended in the eleventh paragraph after the words “violation by mail,”, in line 183, by inserting the words:-
and the procedure to request a noncriminal hearing to determine an assessment reduction or waiver based on financial hardship
SECTION 6. Section 20A of chapter 90, of the General Laws, is hereby further amended by inserting at the end the following paragraphs:-
Any person notified to appear before the parking clerk, as provided herein, may appear before such parking clerk or their designee and request a noncriminal hearing to determine an assessment reduction based on hardship, either personally or through an agent duly authorized in writing or by mailing to such parking clerk a signed request. The parking clerk shall notify the clerk-magistrate of the district court for the judicial district in which the parking violation occurred of such request for a noncriminal hearing, in such manner as the chief justice of the district court department and the parking clerk shall jointly determine. The assessment shall be reduced or waived if the magistrate or justice determines that the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.
If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3 of chapter 90C of the General Laws.
SECTION 7. Section 22 of chapter 90, of the General Laws, is hereby amended by striking out paragraph (h).
SECTION 8. Section 22G of chapter 90 of the General Laws of the General Laws is hereby repealed.
SECTION 9. Section 23 of chapter 90, of the General Laws, is hereby amended by striking the first two paragraphs and inserting in place thereof the following paragraphs:-
Any person convicted of operating a motor vehicle after their license to operate has been suspended or revoked, or after notice of the suspension or revocation of their right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or to the issuance to their of a new license to operate, and any person convicted of operating or causing or permitting any other person to operate a motor vehicle after the certificate of registration for such vehicle has been suspended or revoked and prior to the restoration of such registration or to the issuance of a new certificate of registration for such vehicle , or whoever exhibits to an officer authorized to make arrests, when requested by said officer to show their license, a license issued to another person with intent to conceal their identity, shall, except as provided by section twenty-eight of chapter two hundred and sixty-six, be punished by a fine of not more than five hundred dollars, and any person who attaches or permits to be attached to a motor vehicle or trailer a number plate assigned to another motor vehicle or trailer, or who obscures or permits to be obscured the figures on any number plate attached to any motor vehicle or trailer, or who fails to display on a motor vehicle or trailer the number plate and the register number duly issued therefor, with intent to conceal the identity of such motor vehicle or trailer, shall be punished by a fine of not more than one hundred dollars. Any person convicted of operating a motor vehicle after their license to operate has been revoked by reason of their having been found to be an habitual traffic offender, as provided in section twenty-two F, or after notice of such revocation of their right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or the issuance to their of a new license to operate shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two years, or both. In no case shall a person be prosecuted for operating after suspension or revocation of a license upon a failure to pay an administrative reinstatement fee.
Notwithstanding the preceding paragraph or any other general or special law to the contrary, whoever has been found responsible for or convicted of, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has been rendered on, a complaint charging a violation of operating a motor vehicle after their license to operate has been suspended or revoked, or after notice of the suspension or revocation of their right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or to the issuance to their of a new license to operate shall be punished by a fine of not more than $500. This paragraph shall not apply to any person who is charged with operating a motor vehicle after their license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N, of this chapter, subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after notice of such suspension or revocation of their right to operate a motor vehicle without a license has been issued and received by such person or by their agent or employer, and prior to the restoration of such license or right to operate or the issuance to their of a new license or right to operate because of any such violation.
SECTION 10. Section 23 of chapter 90, of the General Laws, is hereby further amended by striking out the sixth and seventh paragraphs.
SECTION 11. Section 26A of chapter 90, of the General Laws, is hereby amended by striking out the last sentence of paragraph (a).
SECTION 12. Section 27 of chapter 90, of the General Laws, is hereby amended by inserting at the end the following paragraphs:
In any case where a violator owes an assessment, such violator may request a waiver or reduction of the assessment. The assessment shall be reduced or waived if the magistrate or justice determines that the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.
If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the schedule set forth in subsection (A)(4) of section 3 of chapter 90C of the General Laws.
SECTION 13. Section 33 of said chapter 90, of the General Laws, is hereby amended by inserting at the end of paragraph thirty-six, the following sentence:-
An applicant for license reinstatement may request a fee reduction or waiver based on financial hardship as determined by section 3 of chapter 90C.
SECTION 14. Section 34J of chapter 90, of the General Laws, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
Any person who is convicted of, or who enters a plea of guilty to a violation of this section shall be liable to the plan organized pursuant to section one hundred and thirteen H of chapter one hundred and seventy-five in the amount of the greater of five hundred dollars or one year's premium for compulsory motor vehicle insurance for the highest rated territory and class or risk in effect at the time of the commission of the offense. Said liability shall be in addition to all other liabilities imposed on the person so convicted or so pleading whether civil or criminal. The said plan shall apply any sums collected hereunder, to defray its costs of collection and to defray in whole or in part its expenses for preventing fraud and arson. Furthermore, any person who is convicted of, or enters a plea of guilty to a violation of this section shall have their motor vehicle registration suspended upon the registrar's receipt of notification from the clerk of any court which enters any conviction hereunder or which accepts such plea of guilty until said person provides the registrar with proof of a motor vehicle liability policy in accordance with the provisions of this chapter. The clerk of any court which enters any conviction hereunder or which accepts such plea shall promptly notify the registrar of motor vehicles and the Commonwealth Auto Reinsurers pursuant to section one hundred and thirteen of chapter one hundred and seventy-five or any successor thereto of such entry of acceptance of such plea.
SECTION 15. Section 3 of chapter 90C, of the General Laws is hereby amended by inserting in the second paragraph after the words “contest responsibility for the infraction,”, in lines 11-12, the following words:-
or request an assessment reduction or waiver based on financial hardship
SECTION 16. Section 3 of chapter 90C, of the General Laws, is hereby further amended by adding after paragraph (A)(3) the following paragraphs:-
To facilitate efficient payment of citations under this section, the Registry of Motor Vehicles shall electronically notify any driver who has an unpaid assessment on the following schedule: not less than one week after the citation is issued, seven days before the assessment becomes due, and on the date the assessment is due. The notice shall be sent by text message and electronic mail to any phone number and email address provided by the driver of the vehicle.
Said notice shall include the amount of the assessment, the date due for payment, instructions on how to pay the assessment, and information regarding the right to request a noncriminal hearing to contest responsibility or request a reduction or waiver of the assessment based on financial hardship.
SECTION 17. Section 3 of chapter 90C, of the General Laws, is hereby further amended by striking out the first paragraph of (A)(4) and inserting in place thereof the following paragraph:
(4) A violator may request an assessment reduction or waiver or contest responsibility for the infraction by making a signed request for a noncriminal hearing on the citation and mailing such citation, together with a $25 court filing fee, to the registrar at the address indicated on the citation within 20 days of the citation. The court filing fee shall be waived if the violator is requesting an assessment reduction. Notwithstanding any general or special law to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee, shall immediately cause the court filing fee to be transferred to the trial court department to be held as retained revenue; provided, however, that the registrar may retain from the court filing fees an amount not greater than $200,000 for fiscal year 2011 for information technology associated with the implementation of this section; and provided, further that the registrar may retain an amount not greater than $100,000 annually for personnel costs associated with the processing of those filing fees.
SECTION 18. Section 3 of chapter 90C, of the General Laws, is hereby further amended by inserting at the end of the second paragraph of (A)(4) the following sentence:-
This paragraph shall not apply to a violator requesting an assessment reduction or waiver.
SECTION 19. Section 3 of chapter 90C, of the General Laws, is hereby further amended by inserting in the eighth paragraph of (A)(4) after the words “imposed assessment” the following words:-
or the violator requests an assessment reduction or waiver
SECTION 20. Section 3 of chapter 90C, of the General Laws, is hereby further amended by inserting at the end of (A)(4) the following paragraphs:-
In any case where a violator owes an assessment, such violator may request a noncriminal hearing to determine a reduction or waiver of the assessment. In any such hearing, the magistrate or justice shall reduce or waive the assessment if the assessment will cause substantial financial hardship to the violator or the family or dependents thereof.
If the violator is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit, all fees, including but not limited to administrative and late fees, shall be waived and the remaining assessment shall be reduced according to the following schedule:
(a) If the violator is currently in receipt of any needs-based public assistance or benefit or meets the definition of “indigency” under section 2 of chapter 211D, the remaining assessment shall be reduced to no more than 1% of said violator’s monthly income or $5, whichever is lower.
(b) If the violator earns 101-200% of the HUD very low income limit, the remaining assessment shall be reduced by 75%.
(c) If the violator earns 201-300% of the HUD very low income limit, the remaining assessment shall be reduced by 50%.
(d) If the violator earns 301-400% of the HUD very low income limit, the remaining assessment shall be reduced by 25%.
If the violator earns over 400% of the HUD very low income limit and the magistrate or justice finds that imposing the original assessment would cause financial hardship to the violator or the family or dependents thereof, all fees, including but not limited to administrative and late fees, shall be waived or reduced and the remaining assessment may be reduced by an amount determined by the magistrate or justice.
In determining the violator’s earnings, the magistrate or justice shall calculate the violator’s current total monthly income, including wages and excluding any child support or Supplemental Security Income (SSI), and determine the number of persons in the family. In making these determinations, the magistrate or justice shall use the information provided by the violator.
SECTION 21. Section 3 of chapter 90C, of the General Laws, is hereby further amended by striking (A)(6)(a)(ii) and inserting in place thereof the following paragraphs:-
(ii) fails to appear for a noncriminal hearing before a magistrate or a justice at the time required after having been given notice of such hearing either personally or by first class mail directed to such violator's mail address as reported to the registrar and after notice of such failure has been given to the registrar by the clerk-magistrate, the registrar shall notify such violator by first class mail directed to such violator's mail address that unless and until the violator appears for a noncriminal hearing before a magistrate or justice or pays to the registrar the full amount of the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late fees or other administrative fees provided for by law or regulation:
(AA) in the case of an operator violation, any license to operate a motor vehicle issued to such violator by the registrar will not be renewed upon or after the expiration date of such license; or
(BB) in the case of an owner violation, any registration of a motor vehicle issued to such violator by the registrar will not be renewed upon or after the expiration date of such registration.
Unless such notice is sooner cancelled by the registrar, in the case of an operator violation, such violator's operators license, learners permit or right to operate, or in the case of an owner violation any registration of a motor vehicle issued to such violator by the registrar, shall be renewed by the registrar upon payment of the scheduled or imposed assessments for such civil motor vehicle infractions, plus any late fees or other administrative fees which the registrar is required or authorized by law or regulation to impose, unless such fees are waived in whole or in part by the registrar or a magistrate or justice.
The registrar shall waive all late fees and administrative fees, including reinstatement fees, for any violator who is a recipient of any needs-based public assistance or meets the definition of “indigency” under section 2 of chapter 211D, or earns no more than 400% of the U.S. Department of Housing and Urban Development (HUD) very low income limit.
SECTION 22. Section 3 of chapter 90C, of the General Laws, is hereby further amended by striking out paragraph (A)(6)(b).
SECTION 23. Section 3 of chapter 90C, of the General Laws, is hereby further amended by striking out the paragraph after (B)(3)(c) and inserting in place thereof the following paragraph:-
Upon receipt of such notice, the registrar shall send a notice to the violator’s mail address or last known address notifying the violator that said violator may not renew, apply for or receive any operators license, learners permit, certificate of registration or title, number plate, sticker, decal or other item issued by the registrar unless and until the violator presents the registrar with a certificate of the clerk-magistrate of the court that the matter has been fully disposed of in accordance with law or, in the case of a matter still pending before the court, that the violator is attending to the matter to the satisfaction of the court. The court shall not unreasonably withhold such certificate. The registrar shall cancel such revocation, and so notify the court, if satisfied that it resulted through error of the registrar or the court.
SECTION 24. Section 2A of chapter 211D, of the General Laws, is hereby amended by striking out paragraph (h) and inserting in place thereof the following paragraph:-
(h) The clerk of the court shall, within 60 days of appointment of counsel, report to the department of revenue and the department of transitional assistance the amount of any legal counsel fee owed by the person for whom counsel was appointed under this chapter. The department of revenue shall intercept payment of such fee from tax refunds due to persons who owe all or a portion of such fee.
SECTION 25. Notwithstanding any general or special law to the contrary, within three months of the effective date of this act the registrar of motor vehicles shall reinstate all licenses, privileges to operate a motor vehicle and registrations suspended or revoked based upon penalties pursuant to: section 2A of chapter 60A; section 47B of chapter 62C; sections 20A, 22G, 26A, and 34J of chapter 90; section 3 of chapter 90C; or section 2A of chapter 211D.
The registrar shall notify such persons by first class mail directed to such person's mail address of the reinstatement of their license, privileges to operate a motor vehicle and registration, along with an account of any unpaid assessments, instructions on how to pay such assessments, and information regarding the right to request a noncriminal hearing to contest responsibility or request a reduction or waiver of assessments based on financial hardship.
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An Act relative to mobile carrying devices
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S2228
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SD503
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T11:13:44.647'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T11:13:44.6466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2228/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2228) of Sal N. DiDomenico for legislation relative to mobile carrying devices. Transportation.
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SECTION 1. Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in Section 1 after the words “shall not include motorized bicycles” the following words:- "or mobile carrying devices, as defined in Section 1J".
SECTION 2. Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after Section 1I, the following section entitled:-
"Section 1J. Mobile carrying devices:
(1) MOBILE CARRYING DEVICE. An electrically powered device that: (a) Is operated on sidewalks and crosswalks and intended primarily for transporting personal property; (b) Weighs less than 90 pounds, excluding cargo; (c) Has a maximum speed of 12.5 miles per hour; (d) Is equipped with a technology to transport personal property with the active monitoring of a property owner; and (e) Is primarily designed to remain within twenty-five feet of the personal property owner.
(2) A mobile carrying device is not considered a vehicle unless expressly defined by law as a vehicle.
(3) A mobile carrying device may be operated on a sidewalk or crosswalk so long as all of the following requirements are met: (a) the mobile carrying device is operated in accordance with the local ordinances, if any, established by the local highway authority governing where the mobile carrying device is operated; (b) a personal property owner is actively monitoring the navigation and operation of the mobile carrying device; and (c) the mobile carrying device is equipped with a system that enables the mobile carrying device to come to a controlled stop.
(4) A personal property owner monitoring the mobile-carrying device may not allow a mobile-carrying device to do any of the following:(a) fail to comply with traffic or pedestrian control devices and signals; (b) unreasonably interfere with pedestrians or traffic; (c) transport hazardous material; or (d) operate on a street or highway, except when crossing the street or highway within a crosswalk.
(5) A mobile carrying device has the rights and obligations applicable to a pedestrian under the same circumstances, except that a mobile carrying device shall yield the right-of-way to a pedestrian on a sidewalk or crosswalk.
(6) A personal property owner may not operate a mobile carrying device unless the person complies with this section.
(7) A violation of this section is an infraction.
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An Act relative to partial payment of fines relating to driver’s license suspension or revocation
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S2229
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SD1055
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T11:48:16.233'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T11:48:16.2333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2229/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2229) of Sal N. DiDomenico for legislation relative to partial payment of fines relating to driver’s license suspension or revocation. Transportation.
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SECTION 1. Section 33 of chapter 90 of the General Laws is hereby amended by striking out the thirty-seventh paragraph and inserting in place thereof the following paragraphs:-
(37) The registrar shall permit any person owing fees related to multiple suspensions or revocations of any license or right to operate a motor vehicle - to enter into a monthly payment plan with the registrar to pay any fees related to the reinstatement of said license or right to operate a motor vehicle; provided, however, that the minimum monthly payment due shall be $25.00. The registrar may accept automatic monthly payments by credit or debit card on file with the registrar or payments made by check or money order received by mail or in person. Upon receipt of the first payment due on a monthly payment plan established pursuant to this paragraph the registrar may issue a conditional reinstatement of said license or right to operate a motor vehicle if the person is otherwise qualified to be granted said license or right to operate a motor vehicle. The registrar shall revoke a conditional reinstatement of a license or right to operate a motor vehicle if a required monthly payment is more than 30 days in arrears or for any other violation of any general of special law. Upon payment in full of the fees owed the registrar shall fully reinstate the license or right to operate a motor vehicle if the person is otherwise qualified to be granted said license or right to operate a motor vehicle.
(38) For the registration of every street rod, replica vehicle, specially constructed vehicle or custom vehicle, as defined in section 2H consistent with the vehicle's intended use and the requirements of 540 CMR 2.05.
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An Act to ensure the health and safety of the commonwealth’s students and educators
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S223
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SD1844
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T10:07:03.627'}
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[{'Id': None, 'Name': 'David Frenkel', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:07:03.6266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S223/DocumentHistoryActions
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Bill
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By Mr. Tarr (by request), a petition (accompanied by bill, Senate, No. 223) of David Frenkel for legislation to ensure the health and safety of the commonwealth’s students and educators. Emergency Preparedness and Management.
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SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 117, the following section:-
Section 117A: Ventilation in Schools
a. Definitions
As used in this section, the following words shall, unless a different meaning clearly appears from the context, have the following meanings:-
"Advanced technologies" means Ultraviolet Germicidal Irradiation (UVGI) or Bipolar ionization or other processes or devices for deactivating [airborne] viruses or [airborne] virus particles or other airborne agents of disease.
"ASHRAE Standard 170" means ANSI/ASHRAE/ASHE Standard 170, Ventilation of Health Care Facilities.
"Air changes per hour" means a measure of the fresh air volume added to or removed from a space in one hour, calculated by dividing the outdoor air supply volume in cubic feet per hour by the volume in cubic feet of the occupied space; provided, however, that said calculation may include filtered air as part of the outdoor air supply volume in an amount consistent with the efficiency rating of the filters used to condition the air.
"Declaration of a pandemic" means the characterization by the World Health Organization of an infectious disease outbreak as a pandemic; or a declaration related to an infectious disease outbreak by the federal Department of Health and Human Services of a public health emergency in accordance with section 319 of the Public Health Service Act (42 U.S.C. 247d); or a declaration of a state of emergency related to an infectious disease outbreak by the Governor of the Commonwealth in accordance with Chapter 639 of the Acts of 1950 and Section 2A of Chapter 17 of the General Laws.
"Department" means the Department of Labor Standards.
"Employee organization" means any lawful association, organization, federation, council, or labor union as defined in section 1 of chapter 150E of the General Laws.
"Filtered air" means air that has been a) conditioned induct, in air handling units, or in other components of a ventilation system, by filters with a MERV-13 or higher efficiency rating, or b) conditioned by a portable air cleaner.
"Fresh air" means outdoor air free of outdoor air pollutants, or a combination of such outdoor air and filtered air
Local education authority for the purpose of this section 117A means a public authority legally constituted by the state as an administrative agency to provide control of and direction for pre-kindergarten through grade 12 public educational institutions or the owners or operators of a private educational institution approved by a school committee in accordance with section 1 of chapter 76.
"Occupied space" means, unless otherwise specified, any area in a school building used for educational, administrative, medical, toileting, or any purpose other than storage.
"Outdoor air" means air introduced from outside a school building from intakes free of contaminated air.
"Personal protective equipment" means equipment worn to minimize exposure to hazards from infectious disease, including, but not limited to, gloves, face shields, masks, safety glasses, respirators, coveralls, or full body suits.
"Portable air cleaner" means a portable high-efficiency particulate air (HEPA) fan/filtration device or system with an appropriate clean air delivery rate.
"Relative humidity" means the amount of water vapor present in air expressed as a percentage of the amount needed for saturation at the same temperature.
"School building" means any structure used for educating pupils by a local educational authority
This section means Chapter 149 section 117A
"Ventilation" means the supply of fresh air, heat, and air conditioning (if available) to occupied space and the simultaneous removal by an exhaust system of air from an occupied space
"Ventilation system" means the building system and its component parts dedicated to ventilation
b. The Department shall, no later than 9 months after effective date of this section, in consultation with and with guidance from the Occupational Health and Safety Hazard Advisory Committee as described in section 6 ½ (c) of chapter 149, promulgate regulations related to school building ventilation consistent with sections c through f below.
c. Ventilation Requirements
1) Except as otherwise indicated in section c (2), as soon as practicable but no later than two years after the effective date of this section ventilation systems in school buildings must provide ventilation to all occupied spaces, that meets at least one of the following measures:
a) A minimum of 4 air changes per hour of fresh air
b) A minimum of 20 cubic feet per minute of outdoor air per person
c) A maximum of 800 parts per million of carbon dioxide
2) The ventilation systems of bathrooms in school buildings must comply with the current Massachusetts Building Code.
3) Ventilation systems in school buildings must maintain temperatures in occupied spaces between 66 degrees Fahrenheit and 78 degrees Fahrenheit.
d. Pandemic requirements
In the event of the declaration of a pandemic, school buildings must meet the following measures:
1) the ventilation system must provide sufficient ventilation to all occupied spaces except those specified in sections a) and b) below, to reduce the risk of airborne transmission of disease by 95%, through the use of fresh air, portable air cleaners, or advanced technologies; provided, however, that the following areas must meet additional requirements:
a) the ventilation system in nurses’ offices and designated medical waiting areas must comply with ASHRAE Standard 170
b) bathrooms must have working exhaust systems capable of maintaining negative air pressure relative to the rest of the school building; exhaust systems must run constantly
2) the relative humidity shall be maintained at between 40% and 60%
3) school buildings must provide sufficient disinfectants, cleaning and handwashing areas, and personal protective equipment to comply with best practices as defined by guidance from governmental public health entities, public health research institutions, or occupational health research institutions
e. Testing, adjustment and balancing
Local education authorities shall ensure that ventilation systems in all school buildings meet and continue to meet the requirements in sections c and d above by completing the following activities:
1) Conduct testing, adjustments, balancing, and repairs, which shall consist of
a) an assessment of the ventilation system in each school building to determine if each school building meets the requirements of sections b and c above, including but not limited to measuring outdoor supply air volume, total supply air volume, exhaust air
volume, the volume of all occupied spaces, and calculating air changes per hour in each occupied space, and including providing an inventory of personal protective equipment currently available for use in each school building. This will be completed as soon as practicable but no later than 18 months after the effective date of this section.
b) The entity performing the assessment described in section (e)(1)(a) above shall issue a report of the results of the assessment, including the methods used, and results of the measurements and calculation of air changes per hour.
c) The report described in section (e)(1)(b) shall be a public record as defined in section 10(a) of Chapter 66 and section 7, part 26 of Chapter 4, and shall be posted on the website for each school building or local education authority, and on the Department’s website and on the website of the Department of Elementary and Secondary Education no later than 30 days after completion of the assessment.
d) If, after assessment, occupied spaces in school buildings are determined not to meet the requirements of sections c and d above, by 9 months after completion of first assessment local education authorities must complete adjustments, repairs or upgrades, and balancing sufficient to meet the requirements of section d above, and must conduct a post-remediation assessment in accordance in sections (e)(1)(a-c) above to confirm that ventilation requirements are being met and that supplies of materials described in section d (3) are adequate.
e) Reports documenting the repairs and upgrades made, and the confirmation through assessments that the requirements of sections d above have been met shall be public records, and shall be posted on the website for each school building or local education authority, and on the websites of the Department of Labor Standards and the Department of Elementary and Secondary Education no later than 30 days after completion.
2) Local education authorities shall conduct assessments that include testing, adjustments and balancing as described in section (e)(1) above no less frequently than every 2 years
f. Enforcement
1) An employee or employee organization aggrieved by a violation of this section 117A may file a complaint with the Department, which shall conduct an investigation and issue preliminary findings and orders within 30 days of receiving the complaint. The Department shall have authority to order the local education authority to make repairs or upgrades to come into compliance with this section.
2) If the Department has not completed its investigation and issued preliminary findings and orders within 30 days, or if the Department has completed its investigation and issued preliminary findings and orders and the employee or employee organization is still aggrieved, the aggrieved employee or employee organization may, within 3 years after the violation, institute and prosecute in his/her/its own name and on his/her/its own behalf, a civil action for injunctive relief, for an order for repairs or upgrades, for any damages incurred, and for any lost wages and other benefits. An employee or employee organization so aggrieved who prevails in such an action shall be awarded the costs of the litigation and reasonable attorneys' fees.
SECTION 2. The second paragraph of section 150 of Chapter 149 is amended to insert after the word “sections” the following words: “6 ½, 18A,” and after the word “52E” the following words: “113, 117, [117A].
SECTION 3. The Massachusetts School Building Authority, in consultation with the advisory board established pursuant to section 3A of chapter 70B of the General Laws, shall
a) create a temporary category of major reconstruction project, as defined in section 2 of chapter 70B, to be used for the upgrade or repair of ventilation systems in public school buildings as required by section 117A of chapter 149. The new category of major reconstruction project shall be available to public school districts for period of time of 3 years from effective date of legislation. The School Building Authority shall consider all applications for funding under the new category of major reconstruction project to be applications for projects described in section 8 (1) of chapter 70B.
b) by 1 year from effective date of legislation promulgate regulations for design requirements of capital construction projects consistent with the ventilation requirements set forth in section 117A of chapter 149 and any regulations promulgated thereunder, including but not limited to the following:
1) windows must be capable of maintaining openings large enough to accommodate a box or window fan
2) ventilation systems must be compatible with the use of filters with a MERV-13 rating or higher
3) nurses’ offices and medical waiting rooms must meet the requirements of ASHRAE Standard 170
4) occupied spaces without windows must have sufficient ventilation to achieve 6 air changes per hour of outdoor air or a combination of outdoor air and air conditioned with a filter of minimum MERV 13 efficiency
5) bathrooms must have exhaust fans capable of producing negative pressure relative to the rest of the school building
SECTION 4. Notwithstanding any general or special law, rule or regulation to the contrary, the department of elementary and secondary education, in consultation with the department of public health, shall ensure the operation of COVID-19 pooled surveillance testing programs, consistent with public health best practices and relevant guidance from the Centers for Disease Control and Prevention, in all public school districts, for students and employees, on a weekly basis or more frequently. Said testing programs, including but not limited to service provider contracts, testing supplies, follow-up individual testing, personal protective equipment, and compensation for staff associated with testing, shall be operated at no cost to the public school districts and shall be paid for by available state funds or eligible federal funds committed to the commonwealth to provide financial assistance in response to the 2019 novel coronavirus pandemic. The testing programs in each school district shall cover employees and students at the elementary, middle and high school levels and shall be operated in accordance with the provisions of Chapter 150E of the General Laws. Nothing in this section shall restrict or limit more protective or stringent school district or local government mandates, policies or guidance in response to the 2019 novel coronavirus pandemic.
SECTION 5. Notwithstanding any general or special law, rule or regulation to the contrary, and in accordance with guidance issued by the department of elementary and secondary education, the department of public health and the Centers for Disease Control and Prevention, the department of elementary and secondary education shall ensure that employees and students in all public school districts have access to face coverings, masks and other personal protective equipment to prevent exposure to COVID-19; provided, that the district shall provide any additional personal protective equipment necessary for conducting COVID-19 testing; and provided, that said face coverings, masks, personal protective equipment, and any additional personal protective equipment necessary for conducting COVID-19 testing shall be provided at no cost to the public school districts and shall be paid for by available state funds or eligible federal funds committed to the commonwealth to provide financial assistance in response to the 2019 novel coronavirus pandemic. Nothing in this section shall restrict or limit more protective or stringent school district or local government mandates, policies or guidance in response to the 2019 novel coronavirus pandemic.
SECTION 6. Notwithstanding any special or general law to the contrary, there shall be a special commission to study ventilation in public school classrooms and facilities, including the regulation of minimum and maximum allowable air temperatures and relative humidity, as well as any relevant statistics on the number of air-conditioned public schools in Massachusetts, the impact of indoor air quality on children, including, but not limited to, children with respiratory conditions or special needs, and the commonwealth’s state funding and bidding processes for installing air conditioning and heating upgrades in public schools.
The special commission shall consist of: the secretary of the executive office of education, or their designee, who shall serve as chair; the commissioner of the department of elementary and secondary education, or their designee; the commissioner of the department of public health, or their designee; the executive director of the Massachusetts School Building Authority; a representative of the Boston Society for Architects; a representative of the Massachusetts Facilities Administrators Association; a representative of the Massachusetts Teachers Association; a representative of the American Federation of Teachers of Massachusetts; a representative of the Massachusetts Association of School Committees; a representative of the Massachusetts Parent Teacher Association; two teachers, selected by the Massachusetts Teachers Association, who have experienced difficulties with classroom temperatures; a school nurse, selected by the Massachusetts School Nurse Organization; the president of the Massachusetts Association of School Superintendents, or their designee; two members of the House of Representatives, one of whom to be appointed by the Speaker of the House of Representatives, and the other to be appointed by the minority leader; two members of the Senate, one of whom to be appointed by the President of the Senate, and the other to be appointed by the minority leader. The chair shall commence the first meeting of the commission not later than December 1, 2023.
The special commission shall submit its findings and recommendations, together with drafts of any legislation, to the clerks of the House of Representatives and the Senate and the chairs of the joint committee on education not later than December 1, 2024.
SECTION 7. Sections 4-5 of this act shall be in effect for the duration of the governor’s March 10, 2020 declaration of a state of emergency.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure the health and safety of the commonwealth’s students, educators and communities during the 2019 novel coronavirus pandemic, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to class 3 electric bicycles
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S2230
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SD1587
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T21:42:20.913'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T21:42:20.9133333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-14T11:45:38.4233333'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2230) of Sal N. DiDomenico and Michael J. Barrett for legislation relative to class 3 electric bicycles. Transportation.
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Section 1 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Class 2 electric bicycle” the following definition:-
"Class 3 – an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;"
Section 1 of chapter 90, as so appearing, is hereby further amended by inserting within the definition of “Department” the following definition:-
“'Electric bicycle”, a bicycle or tricycle equipped with fully operable pedals and an electric motor of 750 watts or less that meets the requirements of a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle."
Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in section 11B¾ the following:-
"Class 3 electric bicycles shall not be ridden on a bike path or shared-use path unless permitted by the municipality, local authority or state agency having jurisdiction over that path;
A municipality, local authority or state agency with jurisdiction over a natural surface trail designated for bicycle use made by clearing and grading the soil, after public notice and a public hearing may adopt ordinances or regulations prohibiting or otherwise regulating the operation of electric bicycles on such paths, including, but not limited to, the imposition of speed limits."
Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in section 11B3/4 the following:-
"(d) An electric bicycle shall not be operated on a trail designated for nonmotorized traffic, that a municipality, local authority or state agency has jurisdiction over, if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added; provided, however, that a municipality, local authority or state agency after public notice and a public hearing may adopt ordinances or regulations permitting or otherwise regulating the use of electric bicycles on such a trail within its jurisdiction, including, but not limited to, the imposition of speed limits."
Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in section 11B3/4 (b) the following:- "that electric bicycles shall not be ridden or operated on sidewalks."
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An Act establishing a program for low income fares (LIF)
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S2231
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SD1550
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T16:16:32.243'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T16:16:32.2433333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T15:09:05.6'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T11:52:48.2633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T11:52:48.2633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:13:32.88'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T10:34:57.1266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-27T16:59:20.8066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-08-01T17:02:59.8633333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-10-16T17:52:48.9066667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-10-16T17:52:48.9066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-10-16T17:52:48.9066667'}]
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 2231) of Lydia Edwards, Michael D. Brady, Sal N. DiDomenico, Vanna Howard and other members of the General Court for legislation to establish a program for low income fares (LIF). Transportation.
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SECTION 1. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority, in coordination with the secretary of health and human services, shall implement a low-income fare program that provides free or discounted transit fares to qualifying riders on all modes of transportation operated by the authority.
(b) In developing the low-income fare program, the Massachusetts Bay Transportation Authority shall develop a stakeholder engagement plan and implementation analysis. The engagement plan shall ensure engagement with relevant stakeholders and provide opportunities for public input in geographically-diverse service areas of the authority. The analysis shall include, but not be limited to, an examination of: (i) the number of riders anticipated to benefit from the program; (ii) the average reductions of each fare, by mode; (iii) the overall impact on revenue to the system; (iv) partnership models for determining eligibility requirements and the verification method; and (v) estimated costs associated with the administration and marketing of the program. The implementation analysis shall be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation not later than October 15, 2023.
SECTION 2. (a) Notwithstanding any general or special law to the contrary, the regional transit authority council established in section 27 of chapter 161B of the General Laws, in coordination with the secretary of health and human services, may provide each regional transit authority with assistance to implement a low-income fare program that provides free or discounted transit fares to qualifying riders on all modes of transportation operated by each authority.
(b) In developing the low-income fare program, each regional transit authority shall develop a stakeholder engagement plan and an implementation analysis. The engagement plan shall ensure engagement with relevant stakeholders and provide opportunities for public input in geographically-diverse service areas of the authority. The analysis shall include, but not be limited to, an examination of: (i) the number of riders anticipated to benefit from the program; (ii) the average reduction of each fare, by mode; (iii) the overall impact on revenue to the system; (iv) partnership models for determining eligibility requirements and the verification method; (v) any estimated costs associated with the administration and marketing of the program; and (vi) consideration of a no-fare option if that would be cheaper to implement than a means-tested fare program.
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