SENATE DOCKET, NO. 2202        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1947

The Commonwealth of Massachusetts

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PRESENTED BY:

Julian Cyr

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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 relative to consumer protection and private utility lines and poles.

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PETITION OF:

SENATE DOCKET, NO. 2202        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1947

The Commonwealth of Massachusetts

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

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An Act relative to consumer protection and private utility lines and poles.

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

SECTION 1. Section 11E of chapter 12 of the General Laws is hereby amended by adding the following subsection: –

(d) The department of public utilities shall, upon the request of a residential ratepayer, initiate administrative or judicial previous proceedings to require the delivery of electricity by a generation company or supplier through a supplier’s service line or distribution system to a residential ratepayer who uses a private line, wire, pole, post, structure, attachment or other appliance to receive electricity by the replacement of such private line, wire, pole, post, structure, attachment or other appliance with the generation company or supplier’s primary and secondary electric lines, poles and appliances to deliver power from the substation of the generation company or supplier to the residential ratepayer.

SECTION 2. Chapter 93 of the General Laws is hereby amended by adding the following section: –

Section 115. The fact of the presence of a private utility pole, post, wire, fixture or other appliance associated with the delivery of electricity or telecommunications shall be a material fact required to be disclosed in a real estate transaction. The failure to disclose to a buyer of such real estate shall be an unfair and deceptive act or practice in the conduct of such transaction and that a cause of action may be maintained against the seller or lessor of real property or real estate broker or salesperson for failure to disclose to a buyer that the real property contained a private pole, post, wire or fixture or other appliance associated with the delivery of electricity or communications.

SECTION 3. Section 1D of chapter 164 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

All electric bills sent to a retail customer shall contain a notice that the retail customer uses a private line, wire, pole, post, structure, attachment or other appliance to receive electricity. Each and every failure to provide such notice shall be deemed to be a violation of law under this chapter and upon notification to the department of a violation, the department shall give written notice of a violation to the company or supplier and to the attorney general pursuant to section 78.

SECTION 4. Section 1F of said chapter 164, as so appearing, is hereby amended by inserting, in line 158,  after the word “charged” the following words:- ; provided that such rate to be charged shall exclude the pro rata share of a maintenance fee for delivery of service by the generation company or supplier’s service line and distribution system less the maintenance fee for a residential customer who owns and maintains a private line, pole, post, wire fixture or other appliance delivering power from the supplier’s service line and distribution system to the residential customer; provided, further that such pro rata share shall be calculated by the department in consultation with the office of ratepayer advocacy of the attorney general and such residential customer.