HOUSE DOCKET, NO. 1883        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2915

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tram T. Nguyen

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to enhance municipal leadership and energy autonomy.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Tram T. Nguyen

18th Essex

1/16/2019

Nick Collins

First Suffolk

1/23/2019

Mike Connolly

26th Middlesex

1/25/2019

Carlos González

10th Hampden

2/1/2019

James K. Hawkins

2nd Bristol

2/2/2019

Christina A. Minicucci

14th Essex

2/1/2019

Brian W. Murray

10th Worcester

1/29/2019

David M. Rogers

24th Middlesex

1/29/2019


HOUSE DOCKET, NO. 1883        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2915

By Ms. Nguyen of Andover, a petition (accompanied by bill, House, No. 2915) of Tram T. Nguyen and others relative to municipal authority in relation to gas and electric companies.  Telecommunications, Utilities and Energy.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act to enhance municipal leadership and energy autonomy.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 75 of Chapter 164 of the general laws is hereby amended by striking the section in its entirety and replacing the section with the following text:

Section 75.  The city council, aldermen or selectmen of a municipality may regulate, restrict and control all acts and doings of a corporation subject to this chapter which may in any manner affect the health, safety, convenience or property of the inhabitants of their towns. Beginning in January 1, 2020, a municipality may require an electric company or a gas company to establish or renew a license, permit, right or franchise agreement in accordance with the terms, conditions and limitations of regulatory acts of the municipality, including the placing of distribution lines and facilities underground. An electric company or gas company required by municipal ordinance to establish a franchise agreement shall enact such agreement in order to retain the exclusive obligation to provide distribution service to all retail customers within its service territory. Such franchise may be established in 10-year increments and may be renegotiated and renewed upon expiration or in the year prior to expiration. Under the license, permit, right or franchise, an electric company or a gas company may be obligated by a municipality (i) to pay to such municipality fees to raise revenue or to defray any increase in municipal costs accruing as a result of operations by such company; and (ii) to share data or information regarding electric or gas infrastructure or operations, provided that such data would not unreasonably expose Critical Energy/Electric Infrastructure Information as designated by the Federal Energy Regulatory Commission. Such fees may include, but not be limited to, a sum of money based upon gross operating revenues or upon gross earnings from the operations or such company in such municipality so long as such company shall continue to operate in such municipality, unless upon request at any time of such company, such municipality expressly releases such company from the obligation.  No fees charged pursuant to this section shall be recoverable by such company in a proceeding conducted in accordance with Section 94 of this Chapter.