SECTION 1. Chapter 25 of the General Laws is hereby amended by adding the following section:-

Section 24. (a) For purposes of this section, a “gas company” shall mean a provider of gas services  that is subject to regulation by the department of public utilities, and shall include a municipal utility company or department providing such services.

(b) A person or entity whose property is alleged to have been damaged by a gas company subject to regulation by the department may file a complaint with the department requesting an adjudicatory hearing. The department shall conduct adjudicatory proceedings requested pursuant to this subsection in accordance with chapter 30A; and may award monetary damages and provide equitable relief.  There shall be a presumption that the gas company acted negligently in causing the property damage and the burden shall be on the gas company to provide evidence rebutting the presumption; provided, that the aggrieved party shall be required to prove actual damages; and provided further, that nothing in this subsection shall preclude a person or entity from bringing a claim of strict liability, and strict liability shall apply where strict liability is otherwise prescribed by law. A party aggrieved by a final adjudicatory determination of the department may obtain judicial review thereof pursuant to chapter 30A. A person or entity that pursues an action for damages pursuant to this subsection shall be precluded from pursuing an action for damages under subsection (c).

(c) A person or entity whose property is alleged to have been damaged by a gas company may, as an alternative to pursuing an action under subsection (b), bring an action in superior court. There shall be a presumption of negligence on the part of the gas company and the burden shall be on the gas company to provide evidence rebutting the presumption; provided, that the aggrieved party shall be required to prove actual damages; and provided, further, that nothing in this subsection shall preclude a person or entity from bringing a claim of strict liability, and strict liability shall apply where strict liability is otherwise prescribed by law.  A person or entity that pursues an action for damages pursuant to this subsection shall be precluded from pursuing an action for damages under subsection (b).

(d) No clause in a contract for gas services mandating arbitration or indemnifying or limiting liability of a gas company shall preclude a person or entity from seeking recovery of actual damages pursuant to this section.

(e) No tariff approved by the department shall preclude a person or entity from seeking recovery of actual property damages pursuant to this section.

(f) The department shall promulgate regulations as necessary to implement this section; including, but not limited to, regulations governing adjudicatory proceedings brought pursuant to this section.

SECTION 2. Subsection (d) of section 24 of chapter 25 of the General Laws shall apply to contracts entered into on or after the effective date of this act.

SECTION 3. Subsection (e) of section 24 of chapter 25 of the General Laws shall apply to tariffs approved on or after the effective date of this act.