Session Laws

Be it approved by the Senate and House of Representatives in General Court assembled, pursuant to Article LXXXVII of the Amendments to the Constitution, and by the authority of same, as follows:

SECTION 1. Section 2 of chapter 6A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 4, the words "energy resources,".

SECTION 2. Section 9 of said chapter 6A, as so appearing, is hereby amended by inserting after the word "Fund", in line 7, the words:- ; the division of energy resources and all other state agencies within said division.

SECTION 3. Section 43F of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and 14, the word "Secretary" and inserting in place thereof the word:- commissioner.

SECTION 4. Chapter 25A of the General Laws, as so appearing, is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. There shall be within the executive office of consumer affairs and business regulation a division called the Massachusetts division of energy resources, under the supervision of a commissioner of energy resources, hereinafter the commissioner. The duties given to the commissioner in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary of consumer affairs and business regulation.

The commissioner shall be appointed by the secretary of consumer affairs and business regulation, with the approval of the governor, and may, with like approval, be removed. Said commissioner shall serve a term coterminous with that of the governor. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty of the general laws and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The commissioner shall devote full time during business hours to the duties of the office.

SECTION 5. Said chapter 25A is hereby further amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-

Section 2. The commissioner shall be the executive and administrative head of the division of energy resources and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof.

The commissioner may from time to time, subject to appropriation, establish within the division such administrative units as may be necessary for the efficient and economical administration of the division, and when necessary for such purpose, may abolish any such administrative unit, or may merge any two or more of them, as the commissioner deems advisable. The commissioner shall prepare and keep current a statement of the organization of the division, of the assignment of its functions to its various administrative units, offices and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the division's description of organization. A current copy of the description of organization shall be kept on file in the office of the secretary of state and in the office of the secretary of administration.

There shall be within the division of energy resources, the energy facilities siting council. Nothing in this chapter shall be construed as conferring any powers or transferring and imposing any duties upon the commissioner with respect to said council, except that the commissioner shall review and act upon budgetary and other financial matters concerning said council in accordance with Sections two C, three, three A, four, nine B, and twenty-nine of chapter twenty-nine and as otherwise provided by law.

SECTION 6. Section 3 of said chapter 25A, as so appearing, is hereby amended by inserting after the definition of "Alternative energy property" the following definition:-

"Commissioner", the commissioner of the division of energy resources.

SECTION 7. Said section 3 of said chapter 25A, as so appearing, is hereby further amended by striking out the definition of "Secretary" and inserting in place thereof the following definition:-

"Secretary", the secretary of consumer affairs and business regulation.

SECTION 8. Section 4 of said chapter 25A, as so appearing, is hereby amended by striking out, in lines 1 and 8, the word "secretary", and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 9. Section 5 of said chapter 25A, as so appearing, is hereby amended by striking out, in lines 1 and 16, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 10. Said section 5 of said chapter 25A, as so appearing, is hereby further amended by striking out, in lines 4, 8, 10 and in lines 18 and 19, the words "executive office" and inserting in place thereof, in each instance, the word:- division.

SECTION 11. Section 6 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 1, the words "executive office" and inserting in place thereof the word:- division.

SECTION 12. Said section 6 of said chapter 25A, as so appearing, is hereby further amended by striking out, in line 22, the word "secretary" and inserting in place thereof the word:- commissioner.

SECTION 13. Section 7 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 1, in lines 6 and 7, in lines 19 and 20, and in line 21, the word "department" and inserting in place thereof, in each instance, the word:- division.

SECTION 14. Section 8 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 12, the word "department" and inserting in place thereof the word:- division.

SECTION 15. Section 9 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 2, the word "secretary" and inserting in place thereof the word:- commissioner.

SECTION 16. Said section 9 of said chapter 25A, as so appearing, is hereby further amended by striking out, in line 10, the words "executive office" and inserting in place thereof the word:- division.

SECTION 17. Section 10 of said chapter 25A, as so appearing, is hereby amended by striking out, in lines 11 and 12, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 18. Section 11 of said chapter 25A, as so appearing, is hereby amended by striking out, in lines 1, 11, 25, 28, 41, 48, 54, 61, 67, 73 and 75, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 19. Section 11A of said chapter 25A, as so appearing, is hereby amended by striking out, in lines 1, 7, 8, 10, and 15, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 20. Section 12 of said chapter 25A, as so appearing, is hereby amended by striking out, in lines 5 and 8, both times it appears in line 18, and in line 22, the word "secretary", and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 21. Section 2 of chapter 25B of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Fluorescent lamp ballast" or "ballast" the following definition:-

"Commissioner", the commissioner of the division of energy resources.

SECTION 22. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by striking out the definition of "Secretary".

SECTION 23. Section 4 of said chapter 25B, as so appearing, is hereby amended by striking out, both times it appears in line 16, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 24. Section 5 of said chapter 25B, as so appearing, is hereby amended by striking out, in lines 1 and 5, in lines 6 and 7, and in lines 9 and 14, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 25. Section 6 of said chapter 25B, as so appearing, is hereby amended by striking out, in lines 1 and 4, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 26. Section 7 of said chapter 25B, as so appearing, is hereby amended by striking out, in lines 2 and 3, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 27. Section 8 of said chapter 25B, as so appearing, is hereby amended by striking out, in lines 1 and 3, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 28. Section 9 of said chapter 25B, as so appearing, is hereby amended by striking out, in lines 1, 3, 5, 10, and 11, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 29. Section 10 of said chapter 25B, as so appearing, is hereby amended by striking out, in lines 1 and 2, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 30. The second paragraph of subsection (b) of section 12 of chapter 40J of the General Laws, as so appearing, is hereby amended by striking out the third sentence.

SECTION 31. Subsection (e) of said section 12 of said chapter 40J, as so appearing, is hereby further amended by striking out, in lines 282, 283, and 284, the words "The secretary of the executive office of energy resources is hereby authorized to administer all programs and activities related to a photovoltaic center of excellence".

SECTION 32. Subparagraph (G) of paragraph (2) of subsection (a) of section 2 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in lines 57, 62, 65, and 71, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 33. Subdivision (a) of paragraph 5 of section 30 of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in lines 38, 43, and 50, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 34. Section 44M of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 28, lines 37 and 38, and in lines 42 and 45, the words "energy resources" and inserting in each instance the following:- consumer affairs and business regulation.

SECTION 35. The third paragraph of said section 44M of said chapter 149, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- No construction project shall be advertised for bids by any such awarding authority, nor shall any contract for construction be awarded by such authority, nor shall any building permit be issued until said summaries of cost estimates have been filed with the building code commission and with the secretary of consumer affairs and business regulation and approved by the secretary of consumer affairs and business regulation.

SECTION 36. The second paragraph of section 69H of Chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "secretary of energy resources who shall be the chairman of the council" and inserting in place thereof the words:- commissioner of energy resources who shall chair the council.

SECTION 37. Said second paragraph of said section 69H of said chapter 164, as so appearing, is hereby further amended by striking out, in line 26, the word "secretary" and inserting in place thereof the word:- commissioner.

SECTION 38. Said second paragraph of said section 69H of said chapter 164, as so appearing, is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentence:- In the event of the absence or disqualification of the commissioner of energy resources, the secretary of consumer affairs and business regulation shall appoint an acting chair.

SECTION 39. Section 25 of chapter 796 of the acts of 1979 is hereby amended by striking out, in lines 3, 10, and 23, the words "executive office" and inserting in place thereof, in each instance, the word:- division.

SECTION 40. Section 28 of said chapter 796 is hereby amended by striking out, in lines 2, 8 and 12, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 41. The first paragraph of section 29 of said chapter 796 is hereby amended by striking out, in line 4, the word "secretary" and inserting in place thereof the word:- commissioner.

SECTION 42. The first paragraph of section 32 of said chapter 796 is hereby amended by striking out, in line 3, the words "executive office" and inserting in place thereof the word:- division.

SECTION 43. Section 33 of said chapter 796 is hereby amended by striking out, in lines 1 and 6, the word "department" and inserting in place thereof, in each instance, the word:- division.

SECTION 44. Section 1 of chapter 465 of the acts of 1980 is hereby amended by inserting after the definition of "Agency" the following definition:-

"Commissioner", the commissioner of the division of energy resources.

SECTION 45. The definition of "state plan" in said section 1 of said chapter 465 is hereby further amended by striking out, in line 1, the words "executive office" and inserting in place thereof the word:- division.

SECTION 46. Subsection (a) of section 3 of said chapter 465 is hereby amended by striking out, in line 1, the word "secretary" and inserting in place thereof the word:- commissioner.

SECTION 47. Subsection (c) of said section 3 of said chapter 465 is hereby amended by striking out, in line 5, the word "secretary" and inserting in place thereof the word:- commissioner.

SECTION 48. Subsection (d) of said section 3 of said chapter 465 is hereby amended by striking out, in lines 4, 7, 14 and 39, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 49. Section 4 of said chapter 465 is hereby amended by striking out, in line 2, the word "secretary" and inserting in place thereof the word:- commissioner.

SECTION 50. Subsection (a) of section 6 of said chapter 465 is hereby amended by striking out, in lines 2, 5, 13, 16, 17 and 18, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 51. Subsection (b) of said section 6 of said chapter 465 is hereby amended by striking out, in lines 1, 5, 6 and 11, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 52. Subsection (c) of section 7 of said chapter 465 is hereby amended by striking out, in lines 10 and in lines 11 and 12, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 53. Subsection (e) of said section 7 of said chapter 465, as amended by section 89 of chapter 233 of the acts of 1983, is hereby amended by striking out, in lines 1, 4, 12 and 18, the words "executive office" and inserting in place thereof, in each instance, the word:- division.

SECTION 54. Said subsection (e) of said section 7 of said chapter 465 is hereby further amended by striking out, in line 2 of the second paragraph and in line 1 of the third paragraph, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 55. Subsection (g) of said section 7 of said chapter 465 is hereby amended by striking out, in line 4, the words "executive office" and inserting in place thereof the word:- division,- and by striking out, in lines 11, 16 and 18, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 56. Subsection (a) of section 8 of said chapter 465 is hereby amended by striking out, in line 11, the word "secretary" and inserting in place thereof the word:- commissioner.

SECTION 57. Subsection (c) of said section 8 of said chapter 465 is hereby amended by striking out, in line 2, the words "executive office" and inserting in place thereof the word:- division,- and by striking out, in lines 3 and 5, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 58. Subsection (d) of said section 8 of said chapter 465 is hereby amended by striking out, in line 4, the word "secretary" and inserting in place thereof the word:- commissioner,- and by striking out, in line 7, the words "executive office" and inserting in place thereof the word:- division.

SECTION 59. Subsection (e) of said section 8 of said chapter 465 is hereby amended by striking out, in line 1, the words "executive office" and inserting in place thereof the word:- division,- and by striking out, in lines 8 and 12, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 60. Subsection (f) of said section 8 of said chapter 465 is hereby amended by striking out, in lines 1, 6, 8, 9 and 10, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 61. Section 9 of said chapter 465 is hereby amended by striking out, in line 1, the words "executive office" and inserting in place thereof the word:- division.

SECTION 62. Section 3 of chapter 700 of the acts of 1983 is hereby amended by striking out, in lines 5, 11 and 16, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 63. Section 12 of chapter 637 of the acts of 1985 is hereby amended by striking out, in line 1, the words "executive office" and inserting in place thereof the word:- division.

SECTION 64. Section 2 of chapter 489 of the acts of 1986 is hereby amended by striking out, in lines 1 and 2, the words "secretary of the executive office" and inserting in place thereof the words:- commissioner of the division.

SECTION 65. Section 3 of said chapter 489 is hereby amended by inserting after the definition of "Chest freezer" the following definition:-

"Commissioner", the commissioner of the division of energy resources.

SECTION 66. Said section 3 of said chapter 489 is hereby further amended by striking out the definition of "Secretary".

SECTION 67. The second paragraph of said section 3 of said chapter 489 is hereby amended by striking out, in lines 3 and 6, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 68. Section 1 of chapter 670 of the acts of 1987 is hereby amended by striking out, in lines 6, 11 and 14, the word "secretary" and inserting in place thereof, in each instance, the word:- commissioner.

SECTION 69. Section 41 of chapter 240 of the acts of 1989 is hereby amended by striking out, in the first paragraph, the words "executive office" and inserting in place thereof the word:- division.

SECTION 70. Said section 41 of said chapter 240 is hereby further amended by striking out, in third paragraph, the words "executive office" and inserting in place thereof the word:- division.

SECTION 71. The functions, rights, powers, duties, obligations and properties of the executive office of energy resources and the department of energy resources abolished by sections four and five of this act are hereby transferred to and shall be exercised, performed and held by the division of energy resources, the executive office of consumer affairs and business regulation established by section nine of chapter six A of the General Laws, the executive office of communities and development as established by section eight of chapter six A of the General Laws, and the executive office of economic affairs as established by section seventeen of chapter six A of the General Laws.

SECTION 72. All employees of any department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency transferred by this act to the executive office of consumer affairs and business regulations or the division of energy resources, or any such agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, who immediately prior to the effective date of this act, either hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions by reason of section nine A of chapter thirty of the General Laws, are hereby transferred to the executive office of consumer affairs and business regulation, or any such agency thereof, or to the division of energy resources, or any such agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, every such transfer to be without impairment of civil service status, seniority, retirement or other rights of the employee and without interruption of service within the meaning of chapter thirty-one or said section nine A and without reduction in compensation or salary grade notwithstanding any change in title or duties resulting from such transfer, subject to the provisions of chapter thirty-one and the rules and regulations adopted thereunder.

All employees of any such department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency who, immediately prior to said effective date, neither hold permanent appointment in such positions nor have such tenure, are hereby transferred to the executive office of consumer affairs and business regulation or to any such agency thereof, or to the division of energy resources or to any such agency thereof, or to the executive office of communities and development, or to any such agency thereof, or to the executive office of economic affairs, or to any such agency thereof, every such transfer to be without impairment of seniority, retirement or other rights of such employees, and without interruption of service within the meaning of section nine A of chapter thirty and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfer.

Nothing in this section shall be construed to confer upon any employee any rights not held immediately prior to the effective date of this act or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited prior to said effective date.

SECTION 73. All petitions, hearings and other proceedings duly brought before, and all prosecutions and legal and other proceedings duly begun by any department, office, commission, committee, council, board, division, bureau, section, officer, administrative unit or other agency transferred by this act to the executive office of consumer affairs and business regulation, the division of energy resources, or any such agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, which are pending immediately prior to the effective date of this act, shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be completed before or by the executive office or the appropriate agency thereof, as the case may be.

All orders, rules and regulations duly made, and all licenses, permits, certificates and approvals duly granted, by any department, office, commission, committee, council, board, division, bureau, section, officer, administrative unit or other agency transferred by this act to the executive office of consumer affairs and business regulation, the division of energy resources or any such agency thereof, or to the executive offices of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, which are pending immediately prior to the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or cancelled in accordance with law, by the division or the appropriate agency within the executive office or the executive office, as the case may be.

All questions regarding the identification of such petitions, hearings, prosecutions, proceedings, orders, rules, regulations, licenses, permits, certificates and approvals, and of the agencies to which the completion of enforcement thereof is so transferred, shall be determined by the secretary of the executive office of consumer affairs and business regulation.

SECTION 74. All books, papers, records, property, documents, equipment, lands, interests in land, buildings, facilities and other property, both personal and real, which immediately prior to the effective date of this act, are in custody of any department, office, commission, committee, council, board, division, bureau, section, administrative unit or other agency transferred by this act to the executive office of consumer affairs and business regulation, the division of energy resources or any such agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, are hereby transferred to the appropriate agency, that all such property held in trust shall continue to be held in trust by the appropriate agency, or if such agency shall continue to be held in trust by the appropriate agency, or if such agency shall decline such trust, by the trustee appointed by the secretary of consumer affairs and business regulation.

All questions regarding the identification of such property and of the agencies to which custody thereof is transferred shall be determined by the secretary of consumer affairs and business regulation.

SECTION 75. All duly existing contracts, leases and obligations of any department, office, commission, committee, council, board, division, bureau, officer, section, administrative unit or other agency transferred by this act to the executive office of consumer affairs and business regulation, the division of energy resources, or any such agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, which are in force immediately prior to the effective date of this act, shall thereafter be performed by the division, the appropriate agency within the executive office, or the executive office as the case may be. No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act.

SECTION 76. All monies heretofore appropriated for any department, office, commission, committee, council, board, division, bureau, section, administrative unit, officer or other agency transferred by this act to the executive office of consumer affairs and business regulation, the division of energy resources or any such agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, remaining unexpended on the effective date of this act, are hereby transferred to said division or executive office and shall be available for expenditure by said division or executive office or the appropriate agency thereof for the purposes for which such funds were originally appropriated.

All questions regarding the identification of such monies and of the agencies to which they are so transferred shall be determined by the secretary of administration and finance.

SECTION 77. Wherever the name of any department, office, committee, commission, council, board, division, bureau, section, administrative unit or agency transferred by this act or the name of any agency which is abolished by this act the functions of which are transferred to the executive office of consumer affairs and business regulation, the division of energy resources or any agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, appears in any general or special law, or in any order, rule, regulation or other document, such name shall mean and shall be construed as referring to the division, the executive office or the appropriate agency thereof, as the case may be.

SECTION 78. Wherever in any special or general law or in any rule or regulation there is provided a right of appeal to any department, office, commission, committee, council, board, division, bureau, section, administrative unit, or officer of other agency transferred by this act to the executive office of consumer affairs and business regulation or any such agency thereof, the division of energy resources or any agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, a right of appeal to the division, the appropriate agency within the executive office, or to the executive office as the case may be, shall exist and such appeal shall be made pursuant to the provisions of any applicable law, rule or regulation or amendments thereto or, in the absence of such applicable law, rule or regulation, pursuant to chapter thirty A of the General Laws.

SECTION 79. All powers, duties and other statutory provisions which, prior to the effective date of this act, were assigned to, or exercised by, any department, office, commission, committee, council, board, division, bureau, section, administrative unit, officer or other agency transferred by this act to the executive office of consumer affairs and business regulation or any such agency thereof, or the division of energy resources or any agency thereof, or to the executive office of communities and development, or any such agency thereof, or to the executive office of economic affairs, or any such agency thereof, shall continue to be exercised and performed by, and to be assigned to the division, the appropriate agency or officer within the executive office or any such agency thereof except as such powers, duties or other statutory provisions are modified by this act.

SECTION 80. This act shall take effect upon expiration of sixty calendar days following its presentation to the general court pursuant to article LXXXVII of the Massachusetts constitution.

SECTION 81. If any provision of this act, or the application thereof to any person or circumstance, shall be declared invalid under the constitution of the commonwealth or of the United States, such invalidity shall not affect the validity of the remaining provisions of this act. `ts