HOUSE DOCKET, NO. 3832        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1158

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Andres X. Vargas

_________________

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 establishing protections and accountability for TNC and DNC workers, consumers, and communities (EPA).

_______________

PETITION OF:

HOUSE DOCKET, NO. 3832        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1158

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act establishing protections and accountability for TNC and DNC workers, consumers, and communities (EPA).

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

Whereas Transportation Network Companies (TNCs) and Delivery Network Companies (DNCs) have operated in the Commonwealth for almost a decade, employing 100,000s of Massachusetts residents and generate $100,000,000s in revenue in the Commonwealth each year; 

And Whereas TNC and DNC drivers and delivery workers are already entitled to the same presumptions of employment as well as wage and hour and anti-discrimination protections, unemployment, workers compensation, sick, family and medical leave benefits, under Massachusetts law that all other workers within the Commonwealth enjoy, the legislature enacts the following amendments to Chapter 149 addressing the means for calculating TNC and DNCs workers’ minimum compensation;

And Whereas modifications to the Commonwealth’s existing law regulating TNCs and DNCs, Chapter 159A1/2, are needed to ensure that TNCs and DNCs provide safe, reliable, accessible, and affordable service and are accountable to the Commonwealth, consumers, and their workers in the same manner that other transportation services are regulated, the legislature enacts the following amendments to Chapter 159A1/2;

The legislature hereby enacts the following legislation. 

SECTION 1. The General Laws are hereby further amended by inserting after section 148D of chapter 149 the following section:-

Section 148E. Application-based transportation workers.

(a)Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

“Application-based transportation worker”, a person who works as a delivery network company courier or transportation network company driver by logging onto a digital network through an on-line enabled application or platform of a delivery network company or transportation network company; provided, however, that an “application-based transportation worker” shall be presumed an employee of the network company, consistent with M.G.L. c. 149 § 148B, for all intents and purposes. 

“Assigned time rate”, the minimum hourly wage rate owed to an application-based transportation worker for all periods in which they are performing duties included in assigned time as defined below.

“Assigned time”, all time between the acceptance of a delivery network company or transportation network company dispatched assignment until that assignment is completed and the application-based transportation worker: (i) has returned to the worker’s base location utilizing the route designated by the delivery network company or transportation network company; (ii) is dispatched to a new call, which shall initiate a new period of productive time; or (iii) turns the platform off, whichever occurs first. 

“Base location”, the 1-mile radius of a geographic location set as a reporting hub by each transportation network company or delivery network company; provided, however, that as part of onboarding, each application-based transportation worker shall set the worker’s base location; provided further, that if no base location is selected, the transportation network company or delivery network company will assign a default base location, which may be reset by the driver using the application or platform.

“Basic minimum wage”, the minimum wage established pursuant to section 1 of chapter 151.

“Delivery network company”, a corporation, partnership, sole proprietorship or other entity that utilizes a digital network to assign couriers to provide pre-arranged delivery services within the Commonwealth.

“Standby time”, any time, other than assigned time, in which an application-based transportation worker is on a delivery network company or transportation network company application or platform and is ready, able and willing to accept fares, including operating in a vehicle approved by the delivery network company or transportation network company, to render service and within their designated base location.

“Transportation network company”, shall have the same meaning as in section 1 of chapter 159A1/2 of the General Laws.

“Working time”, the combination of assigned time and standby time.

(b) The minimum applicable hourly wage for application-based transportation workers shall be equal to the basic minimum wage for all working time or, if the application-based transportation worker holds unfettered discretion to log on and off of the delivery network company or transportation network company application or platform at dates, times of day and hours of their choosing, then the minimum applicable hourly wage shall be a minimum hourly wage rate of 150 per cent of the basic minimum wage for all assigned time. The rate established pursuant to this section shall ensure that application-based transportation workers, on average, earn compensation for the first 40 hours of working time in each 7-day week equal to not less than the basic minimum wage, including all standby time.

An application-based transportation worker’s average hourly wage rate within a 7 day workweek at the basic minimum wage or worker’s actual average wage, whichever is greater, shall constitute the worker’s regular rate of pay for the purposes of section 1A of chapter 151.

(c) Each delivery network company and transportation network company operating in commonwealth shall provide contemporaneous payroll data for each application-based transportation worker by base location in an electronic, searchable form and any other materials, requested by department of labor standards or attorney general necessary to demonstrate compliance with this chapter.    

Data provided shall include: (i) the number of hours of assigned time within a pay period; (ii) the number of hours of standby time within a pay period; (iii) the number of hours working time within a pay period; (iv) the assigned time rate in effect for the pay period; (iv) any additional incentives or premiums rates paid to the application-based transportation worker for the pay period and the number of hours the incentive was in effect during the pay period; (v) any deductions permissible under chapters 149 and 151 within the pay period; (vi) the average wage rate for all working time within the pay period; and (vii) other such information as directed by the department or attorney general.

Aggregated de-identified information regarding average assigned time compensation, average premium compensation, hours worked, the number of drivers or couriers employed by each transportation network company or delivery network company and regional variations in the quantity and length of assignments shall be published each quarter by the department. This information shall include, but not be limited to, the: (i) average number of hours of working time by base location; (ii) average number of hours of standby time by base location; (iii) average number of hours of assigned time by base location; (iv) average hourly wage rate paid during each weekly pay period for assigned time only per application-based transportation worker within each month; and (v) average hourly wage rate paid to per application-based transportation worker for all working time in each weekly pay period within each month. 

(d) Transportation network companies and delivery network companies may elect to pay at least basic minimum wage for all working time or to adopt the premium rate established under subsection (b) for assigned time so long as on average each application-based transportation worker makes at least the basic minimum wage for all working time under 40 hours within a workweek and at least the wage under section 1A of chapter 151 for all hours worked within a workweek in excess of 40 hours. 

(e) The mileage reimbursement standard for application-based transportation workers utilizing their own vehicles shall be: (i) the standard mileage rate established by the federal Internal Revenue Service for all miles driven during an application-based transportation worker’s working time; or (ii) 150 per cent of said standard mileage rate for all miles driven during assigned time.

This reimbursement rate for mileage during assigned time shall remain in effect until the department of labor standards issues regulations, in consultation with attorney general, setting a revised reimbursement rate at the premium rate multiplier on said standard mileage rate for all miles driven during assigned time.

Transportation network companies and delivery network companies shall provide all data sought by the department and attorney general, including, but not limited to, application-based transportation mileage data and any preventative maintenance data maintained by companies who lease vehicles to drivers for use. The department and attorney general may also require transportation network companies and delivery network companies to provide data solicited from application-based transportation workers concerning work-related expenses including, but not limited to, preventative maintenance, repairs and gasoline costs. The department and attorney general may rely on this data as well as other relevant sources in promulgating regulations.

(f) A violation of this Section shall be enforceable under section 150 of chapter 149.

(g) Application-based transportation workers shall be presumed to be employees under the General Laws.

(h) Transportation network companies and delivery network companies shall provide accidental liability coverage to each application-based transportation worker during their working time of not less than $1,000,000 per occurrence and $3,000,000 in aggregate consistent with SECTION 5 [c. 159A1/2, Section 5(a)] of this Act. 

(i) A transportation network company, delivery network company, or their agent, or any other person shall not penalize or otherwise retaliate against an application-based transportation worker in any way, including, but not limited to, adversely impacting an application-based transportation worker’s terms and condition of employment, as a result of any action on the part of the worker to secure their rights under this Section. 

Any transportation network company or delivery network company, or their agent, or any other person who deactivates or in any other way discriminates against an application-based transportation worker because such worker has made a complaint to the attorney general or any other person, or assists the Attorney General or any other agency in an investigation under this chapter, or has instituted, or caused to be instituted, any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, shall have violated this chapter and shall be subject to a civil penalty or order as provided in section 27C of chapter 149.

Any current or former application-based transportation worker aggrieved of a violation of this section may, within 2 years of such alleged violation, institute a civil action in superior court. The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section; (ii) reinstate the employee to the same position held before the retaliatory action or to an equivalent position; (iii) compensate the employee for 3 times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order payment by the employer of reasonable costs and attorneys' fees.

SECTION 2. SECTION 1 shall take effect on 01/01/2024.

SECTION 3. Chapter 159A ½ of the General Laws is hereby amended by striking out section 2, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 2. (a)  The department shall have jurisdiction over transportation network companies and delivery network companies to ensure the safety, accessibility and convenience of the public, the cost effectiveness and reliability of service and accountability of these companies to the commonwealth and to consumers as expressly set forth in this chapter.

The department shall implement and enforce this section and establish regulations, service quality metrics and guidance necessary for enforcement.

(b) In consultation with the registry of motor vehicles, the division shall provide for the establishment of removable decals to be issued by transportation network companies, in a form and manner prescribed by the division, 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 division. 

(c) In consultation with the commissioner of insurance, the department shall implement the insurance policy requirements established in section 228 of chapter 175 and SECTION 5 of this Act [G.L. c. 159A1/2, s. 5(a)] for application-based transportation workers, as defined by SECTION 1(a) [G.L. c. 149, s. 148E(a)] of this Act.

(d) (1) A transportation network company shall provide clear and conspicuous transportation fare estimates to customers and to application-based transportation workers, respectively, 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. Failure to provide an accurate estimate may be the subject of a consumer or driver complaint to the department.

(2) At the termination of each ride, a transportation network company shall provide notices of payment to application-based transportation workers and receipts to customers, respectively, which shall contain the detailed itemized information as required under this section.  Such information shall be available electronically through the transportation network company’s digital application and on its website and shall remain available to the customers and drivers so long as such customers and drivers maintain an account on the site, even where an application-based transportation worker is deactivated from the application or where a customer is banned from further use. Failure to provide an accurate receipt or notice of payment may be the subject of a complaint to the department.

Information required to be provided to transportation network companies’ customers under this section shall include: (i) the total payment made to the transportation network company by the customer for the ride; (ii) the number of miles driven for the ride; (iii) any surge pricing, additional charges, fees, taxes, and tips, in addition to the transportation network company base rate charged for the ride; and (iv) the start location and the end location.

Information required to be provided to application based transportation workers shall include: (i) the geographic start and end date of the ride; (ii) the number of miles driven for the ride; (iii) the total amount paid to the transportation network company for the ride; (iv) the base payment amount received for the ride by the application-based transportation  worker; (v) mileage reimbursements received for the ride by the application-based transportation worker; (vi) any surge payment received for the ride by the application-based transportation worker; (vii) any bonus payment received for the ride by the application-based transportation worker; (viii) any tip remitted by the customer to the application-based transportation worker for the ride; (ix) any deductions from the application-based transportation worker’s compensation; (x) any credits received toward multi-ride or aggregate bonuses or loyalty programs for the ride; and (xi) gross payment received by the transportation network company per the ride;

(3) At the end of each continuous 7-day work period, a transportation network company shall provide clear, contemporaneous and accurate records to application-based transportation workers of their gross and net earnings for each period of working time during the week, consistent with chapters 149 and 151 of the General Laws.

(e)(1) A delivery network company shall provide clear and conspicuous delivery cost estimates to customers and to application-based transportation workers, respectively, at all times, including any premium charges, for high volume and high demand times. Estimates shall include a clear rate estimate, any differential pay for shopping, packaging or delivery functions and the amount of any increase in delivery charges resulting from surge pricing or increased demand. 

(2) At the termination of each delivery, a delivery network company shall provide notices of payment to application-based transportation workers and receipts to customers, respectively, which shall contain detailed, itemized information pursuant to this section.  Such information shall be available electronically through the delivery network company’s digital application and on its website and shall remain available to the customer and application-based transportation workers so long as such customers and workers maintain an account on the application or site, even where an application-based transportation worker is deactivated from the application or where a customer is banned from further use. Failure to provide an accurate receipt or notice of payment may be the subject of a consumer or application-based transportation worker complaint to the department.

(3) Information required to be provided to delivery network companies’ customers shall include: (i) the total payment made to the delivery network company by the customer for the delivery; (ii) the total labor cost for the delivery charged to the customer; (iii) the number of miles driven for the delivery; (iv) any surge pricing, additional charges, fees, taxes and tips, in addition to the delivery network company’s base rate charged for the ride; and (v) the start location and the end location.

(4) Information required to be provided to application-based transportation workers shall receive: (i) the geographic start and end date of the delivery; (ii) the number of miles driven for the delivery; (iii) the total payment made to the delivery network company by the customer for the delivery; (iv) the base payment received by the application-based transportation worker per the delivery; (v) any additional differential paid for any phase of services rendered such as shopping, packing and delivery– to the application-based transportation worker; (vi) mileage reimbursements received by the application-based transportation worker for the delivery; (vii) any surge payment received by the application-based transportation worker for the delivery; (viii) any bonus payment received by the application-based transportation worker for the delivery; (ix) any tip remitted by the customer to the by the application-based transportation worker; (x) any deductions from compensation to the application-based transportation worker; (xi) any credits received toward multi-ride or aggregate bonuses or loyalty programs for the delivery; and (xii) the gross base payment received by the delivery network company per the delivery.

(5) At the end of each continuous 7-day work period, a delivery network company shall provide clear, contemporaneous and accurate records to application-based transportation workers of their gross and net earnings for each period of working time during the week, consistent with chapters 149 and 151 of the General Laws.

(f) transportation network companies and delivery network companies shall provide, on a quarterly basis, data pertaining to their transportation network company or delivery network company on the following:

(1)the number of application-based transportation workers working in the commonwealth organized by originating base location;

(2)The number and percentage of application-based transportation workers whose average weekly working time as defined by SECTION 1 of this Act  [c. 149 s. 148E(a)] exceeds: (A) 0-15 hours; (B) 15 hours; (C) 30 hours; (D) 40 or more hours organized by base location.

(3)The number of vehicles utilized for transportation network company or delivery network company work in the commonwealth organized by originating base location as defined by SECTION 1 of this Act  [c. 149 s. 148E(a)];

(4)The number of application-based transportation workers driving or making deliveries in the commonwealth organized by county and by originating base location;

(5)The number of vehicles utilized for transportation network company/ or delivery network company work in the commonwealth organized by county and by originating base location;

(6)The number of trips taken in the commonwealth by application-based transportation workers organized by originating base location;

(7)The average number of miles per trip or per delivery organized by originating base location by application-based transportation worker;

(8)The average cost per trip or delivery organized by originating base location by application-based transportation workers for their transportation network company or delivery network company; and

(9)The number of hours a day surge or heightened pricing was in effect by originating base location by application-based transportation workers. 

Transportation network companies shall also provide information on: (i) total miles driven with a passenger in vehicle by originating base location; and (ii) total miles driven without a passenger in the vehicle by originating base location.

Delivery network companies shall also provide: (i) total miles driven by cars, motorcycles and vans organized by originating base location; and (ii) total miles driven by bicycle or other non-motorized transportation organized by originating base location.

Every transportation network company and every delivery network company shall file with the department and shall plainly print and keep open to public inspection schedules showing all classes of rates,  as well as itemized schedules of premiums, surcharges and other fees included but, not limited to, surge pricing, congestion pricing, any surcharges or fees in effect 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 for the use of the same, in such places, within such time, and in such form and with such detail as the department may order.

Section 2A.  The department shall inquire into the rates, charges, policies, practices, safety protocols, equipment and services of transportation network companies and delivery network companies operating in the commonwealth subject to its jurisdiction.

(a) No transportation network company or delivery network company shall, except as otherwise provided in this chapter, charge, demand, exact, receive or collect a different rate or charge for any service rendered or furnished by it, or to be rendered or furnished, from the rate or charge applicable to such service as specified in its schedule filed with the department and in effect at the time.

No transportation network company or delivery network company shall 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 otherwise orders, no change shall be made in any rate 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 30 days from the date of filing a statement with the department 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 orders, to be given prior to the time fixed in such statement to the department for the changes to take effect.

The department, for good cause, may allow changes before the expiration of said 30 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. As soon as any such changes take effect they shall be plainly identified as amendments and added to  existing schedules. Amended and new schedules shall be printed and filed with the department and posted on the Department’s website and elsewhere as the department may order.

(b) Whenever the department receives notice of any changes proposed to be made in any schedule filed by any transportation network company or delivery network company, it shall notify the attorney general and appropriate stakeholders, including but not limited to, labor organizations and other non-profit corporations who advocate on behalf of application-based transportation workers, provide work-related benefits to application-based transportation worker,  represent workers in the commonwealth’s transportation and delivery industries or engage in advocacy to improve the working conditions of low income, contingent workers in the commonwealth, including but not limited to application-based transportation workers. The department, either upon motion by the attorney general or applicable stakeholders, or in its own discretion and after notice, hold a public hearing and make investigation as to the propriety of such proposed changes.

Notice of such hearing shall be published on the department’s website, newspapers and on social media websites as the department may select at least twenty-one days before such hearing.

Pending any such investigation and the decision thereon, the department may, by order served upon the transportation network company or delivery network company affected, suspend, from time to time, the taking effect of such changes, but not for more than 10 months in the aggregate beyond the time when the same would otherwise take effect. After such hearing and investigation, the department may make, in reference to any new rates, charges, rule, regulation or form of contract or agreement proposed, an order consistent with its determinations based on the evidentiary record. At any such hearing, the burden of proof to show that such change is necessary to obtain a reasonable compensation for the service rendered shall be upon the delivery network company or transportation network company. Additionally, during the investigation, the transportation network company and/or delivery network company must provide the methods and calculations for setting proposed  rates and evidence supporting such a change, including, but not limited to, advancing safety, accessibility, and convenience of the public, cost effectiveness, reliability of service, and accountability to the commonwealth and to consumers.

(c) Every transportation network company and delivery network company shall give notice of any vehicular accident in which one of its application-based transportation workers was involved during working time and which resulted in property damage over $10,000, injuries requiring medical treatment, or a loss of life, to the Department within twenty-four hours. For each omission to give such notice, the transportation network company or delivery network company shall forfeit not more than $1000 dollars.

A department inspector shall investigate promptly any accident which causes the death or imperils the life of any person, and shall report thereon to the department, and may investigate any other accident. 

The department, through its commissioners or by employees duly authorized, may examine all books, contracts, records, documents, papers and memoranda of any transportation network company or delivery network company, 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 may require to give evidence at any such examination.

(d)Whenever the department believes, after holding a hearing in its discretion or upon complaint by an application-based transportation worker or consumer, that:

(1) any transportation network company/delivery network company rates, fares or charges for any services performed within the commonwealth, or a transportation network company/delivery network company’s policies or practices affecting such rates, are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law or insufficient to yield reasonable compensation for the service rendered, the department 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 transportation network companies/delivery network companies, whichever is implicated, by whom such rates, fares and charges or any of them are thereafter to be observed.

Every such transportation network company or delivery network company shall comply with all requirements established by the department, and do everything necessary or proper in order to secure absolute compliance by all its officers, agents and employees.

(2) If a consumer files a complaint with the department concerning any rate, fare or charge demanded and collected by any transportation network company/delivery network company for any service performed and the department finds after a hearing and investigation conducted pursuant to section 10 of chapter 30A that a rate, fare or charge that is unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law has been collected for any service, the department may order the transportation network company or delivery network company which has collected or paid the same to make due reparation to the aggrieved person, with interest from the date of the payment of such unjustly discriminatory amount.

(3) If an application-based transportation worker complaint is made to the department concerning any transportation network company’s or delivery network company’s payments, deductions, or other business practices regulating application-based transportation workers’ compensation upon which application-based transportation workers reasonably rely, and the department finds after hearing and investigation conducted pursuant to section 10 of chapter 30A that  payments, deductions or other business practices are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any provision of law, insufficient to yield reasonable compensation for the service rendered, or inconsistent with the estimates provided to application-based transportation workers for specific rides or deliveries, the department may order the transportation network company or delivery network company which has collected or paid the same to make due reparation to the aggrieved application-based transportation worker, with interest from the date of the original payment.

Such orders of reparation shall cover only payments made within 3 years before the date of filing the petition seeking to have reparation ordered. Such order may be made without formal hearing whenever the transportation network company/delivery network company affected shall assent in writing thereto, or file or join in a petition therefor.  Nothing provided for in this section limits or amends an application-based transportation worker’s right to seek redress pursuant to section 151 of chapter 149.

(4) An application-based transportation worker may file a complaint with the department over the failure of a transportation network company or delivery network company to activate the worker or assign the worker work if the worker otherwise meets all prerequisites and certifications required by this chapter. Activation and work assignments shall not be denied on an arbitrary or capricious basis. An application-based transportation worker may also file a complaint with the department over a transportation network company or delivery network company’s deactivation of the worker if the worker otherwise meets all of the prerequisites and certifications required by this chapter. Deactivation shall not be implemented without good cause.

The department will hear the merits of the application-based transportation worker’s complaint consistent with section 10 of chapter 30A. The hearing officer may order the transportation network company or delivery network company to activate or re-activate the application-based transportation worker’s account as well as any other appropriate remedy.  A decision of the hearing officer may be appealed under said chapter 30A.  Nothing in this section shall preclude an application-based transportation worker from seeking vindication under common law, other state or federal law concerning a transportation network company or delivery network company’s deactivation or failure to activate their account.

A consumer or application-based transportation worker aggrieved by a final order or decision of the department pursuant to subsection (d)(1)-(4) of 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 section 14 of chapter 30A. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the division’s order or decision.

(5) Any transportation network company or delivery network company, agent or person, who discriminates against any application-based transportation worker because such worker has made a complaint to the department or any other person or assists the department in any investigation under this section or has instituted or caused to be instituted any proceeding under or related to this section, or has testified or is about to testify in any such proceedings, shall be deemed to have violated this section and shall be punished or shall be subject to a civil citation or order prescribing restitution for all lost wages as well as compensatory damages by the department.

Any current or former application-based transportation worker aggrieved of a violation of section (d) may, within 2 years, institute a civil action in the superior court. The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section; (ii) activate or reactivate the application-based transportation worker to the same or to an equivalent position; (iii) compensate the application-based transportation work for three times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order payment by the transportation network company/delivery network company of reasonable costs and attorneys' fees.

(e) The department shall have supervision of every affiliated company, including but not limited to servicing and parent companies, joint ventures or subsidiaries of a delivery network company/transportation network company, as hereinafter defined, with respect to all relations, transactions and dealings, direct or indirect, 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 delivery network company or transportation network company. Such relations, transactions and dealings, including any payments by a delivery network company or transportation network company to such an affiliated company or by such an affiliated company to a delivery network company or transportation network company 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 in any proceeding brought under this chapter, and the department may order such affiliated company to be joined as a party respondent with such carrier in such a proceeding.

(1) Every affiliated company having such relations, transactions and dealings with the delivery network company or transportation network company with which it is affiliated shall make such annual or periodic reports, and in such form, as the department may by regulation prescribe, in order to give the department effective supervision over all such relations, transactions and dealings. Such a report may include, if so regulated by the department, service quality metrics, including but not limited to, reliability, efficiency, safety and accessibility.

(2) Officers and employees of the department 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 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 by the court, or authorized by law.

(3) For the purposes of this section, the term “affiliated companies” shall include any corporation, society, trust, association, partnership or individual: (a) controlling a delivery network company or transportation network company subject to this chapter  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; (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.

(4) Whenever, in any proceeding before the department under Section 2A the reasonableness of any payment, charge, contract, or purchase, sale, obligation or other arrangement between a transportation network company/delivery network company and a company related to it as an affiliated company, as defined in paragraph (3), 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 delivery network company or transportation network company.

(5) The supreme judicial court shall have jurisdiction in equity to enforce compliance with this section and with all orders of the department made under authority thereof.

(6) The department, though its duly authorized employees, may annually audit all, or any portion of, accounts of any delivery network company or transportation network company or group of delivery network companies or transportation network companies.

(7) No action or order of the department shall in any manner impair the legal duties and obligations of a transportation network company or delivery network company or its legal liability for the consequences of its acts or of the neglect or mismanagement of any of its agents or servants.

(8) If, in the judgment of the department, any transportation network company or delivery network company violates or neglects in any respect to comply with any law, and after written notice by the department, 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 shall forthwith present the facts to the attorney general for action.

(9) Whenever the department is of opinion that a transportation network company or delivery network company is failing or omitting or about to fail or omit to do anything required of it by law or by order of the department, 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 order of the department, 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 the name of the department for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunction.

(10) The department’s annual report will include reporting on transportation network company or delivery network company activities in the commonwealth, to the same extent as provided for other common carriers pursuant to section 43 of chapter 159.

(11) The department shall calculate and the secretary of administration and finance shall determine, pursuant to section 3B of chapter 7, the costs associated with the department’s transportation network company or delivery network company ratemaking, investigations, oversight and adjudications. The department may charge the transportation network company/delivery network company a reasonable fee to cover the costs.

(f) A transportation network company or a delivery network company shall not raise base fares during a federal or a governor-declared state of emergency.

(g) In consultation with state police, local law enforcement and the registry of motor vehicles, the department shall ensure the safety and annual inspection of vehicles utilized by application-based transportation workers working for transportation network companies or delivery network companies, including vehicle inspection pursuant to section 7A of chapter 90. An application-based transportation worker shall obtain a vehicle inspection at the driver’s next annual emissions testing or within 12 months of obtaining a transportation network company or delivery network company driver certificate, whichever comes first.

(h) The department 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 companies shall comply with applicable laws, rules and regulations relating to the accommodation of service animals.

(j) A transportation network company shall provide an application-based transportation worker’s name, picture and the license plate number of the vehicle in use to a customer on any digital network used to facilitate a pre-arranged ride.

(k)  A delivery network company shall provide an application-based transportation worker’s name, picture, and license plate number of the vehicle, if any, in use to a customer on any digital network used to facilitate a pre-arranged delivery.

(l) In consultation with the department, 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 and delivery network companies to application-based transportation workers. The electronic toll transponders shall be used each time an application-based transportation worker 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 an application-based transportation worker from establishing or maintaining an electronic toll transponder account for personal use.

(m) In consultation with the department, transportation network companies and delivery network companies shall provide their transportation/delivery 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 an application-based transportation worker providing transportation/delivery services are paid at the commercial rate through the pay by plate system and through the electronic transponder system.

(n) A transportation network company or delivery network company shall notify the Department upon receipt of information that an application-based transportation worker utilizing its network has violated a law or rule or regulation related to the provision of transportation/delivery services or that the application-based transportation worker is not suitable to provide transportation/delivery services.

(o) If, after the Department issues a background check clearance certificate, the Department  is notified by a transportation network company or delivery network company, law enforcement or government entity that an application-based transportation worker is unsuitable and the Department verifies the unsuitability, the Department shall immediately revoke or suspend the background check clearance certificate and shall notify the application-based transportation worker and each transportation network company or delivery network company who issued the application-based transportation worker a certificate that the background check clearance certificate has been revoked or suspended. The Department shall issue rules and regulations to establish a process for an application-based transportation worker  to appeal a revocation or suspension. The rules or regulations shall include an opportunity for a hearing and a decision, in writing, addressing the reasons for overturning or sustaining the Department’s findings.

An application-based transportation worker aggrieved by a final order or decision of the department pursuant to this subsection 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. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the division’s order or decision.

Section 2B. Transportation network companies and delivery network companies may be subject to municipal regulation.

An application-based transportation worker assigned to a base location–as defined by SECTION 1  of this Act [c. 149, s. 148E(a)]– within the limits of a city or town– shall obtain a license for such operation from the city council of such city and its mayor or the selectmen of such town, in this chapter called the licensing authority. The amount of the fee for any such license shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7 for the filing thereof and shall not be unduly burdensome. Such license may limit the number of vehicles to be operated thereunder for good cause. Any application-based transportation worker who is receiving a license under this section and operating a vehicle or vehicles thereunder, shall, in respect to such operation, be subject to such orders, rules or regulations as shall be adopted by the licensing authority under this chapter. No license, certificate or permit shall be required under this chapter in respect to such carriage of passengers as is exclusively interstate.

If any application for a license under this section is not favorably acted upon within a period of sixty days after the filing thereof, the applicant may appeal to the Department within five days following the expiration of said period or, if notice of unfavorable action is sooner given, within five days of said notice, upon a petition in writing setting forth all the material facts in the case. The Department shall hold a hearing on each such appeal, requiring due notice to be given to all interested parties. If the Department approves the action of the licensing authority, it shall issue notice to that effect, but if the Department disapproves of said action, it shall act as a licensing authority and may issue a license which shall specify the route or routes on which a motor vehicle subject to this section may be operated and the number of vehicles which may be operated under such license.

(a) An application-based transportation worker shall obtain a concurrent license from the Department. The Department shall charge a nominal fee 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 3B of chapter 7 for the filing thereof.

(b) After public notice and hearing, the department or the municipal licensing authority may, for good and sufficient reasons to be stated in the order of revocation, revoke in whole or in part such a license issued by such authority, but unless within thirty days after any such order of revocation, except an order made by the department or licensing authority, the licensee consents thereto in writing, such order shall not be valid until approved by the department after public notice and hearing.

(c) The department may, in order to provide for unusual, sudden or unforeseen transportation needs, or to avoid interruption of existing transportation facilities, issue such temporary application-based transportation licenses as it deems that public convenience and necessity to serve more than one municipality. An applicant for such temporary license shall serve a copy of the application on the town or city that the applicant has designated a base location. All temporary licenses issued under this section shall be limited to such period as the department shall specify, not exceeding 120 days. No such license shall be renewed, nor shall more than one such license for substantially the same route be granted to the same person because of the same emergency.

(d) Each application-based transportation worker shall at all times, upon request, furnish any information required by the department or its duly authorized employees relative to the condition, management and operation of transportation network companies or delivery network companies for which the worker provides transportation or delivery services,  and shall comply with all lawful orders of the department. Every such application-based transportation worker neglecting to provide such information within the time prescribed as aforesaid, or to amend said information within 15 days of the date of any notice to do so.

(e) 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 department, adopt rules and regulations governing such operation. After the adoption of any such rules and regulations, any transportation network company or delivery network company operating such a motor vehicle as authorized by this chapter, may petition the department for the alteration, amendment or revocation of any such rule or regulation.

The department, 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 department, upon its own initiative or upon petition of the mayor of such city or the selectmen of such town, or of transportation network company or delivery network company  in such city or town, may alter, amend or revoke any rule or regulation established by the department, and may adopt rules and regulations in substitution thereof.

SECTION 4. Said chapter 159A1/2 is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. (a) Applicants to operate a transportation network company or delivery network company platform shall demonstrate that the transportation network company or delivery network company:

(i) has an oversight process in place to ensure that the transportation network company or delivery network company provides sufficient insurance coverage to all application-based transportation workers  using the delivery network company’s/transportation network company’s digital network, as required by this chapter and section 228 of chapter 175, and otherwise complies with all laws, rules and regulations concerning transportation network vehicles and drivers;

(ii) has an oversight process in place to ensure that each application-based transportation worker  using the transportation network company’s/delivery network company’s digital network has, pursuant to section 4, successfully completed a background check, maintains a valid background check clearance certificate, is a suitable driver and has a transportation network company/delivery network company certificate;

(iii) has a digital network to pre-arrange services employs a clear and conspicuous explanation of the total cost and pricing structure, including every fair schedule, charge, incentive and its applicability by region and time, applicable to each pre-arranged ride before the ride begins;

(iv) does not use excessive minimum or base rates, surge pricing, charges or fees;

(v) has an oversight process in place to ensure that tolls incurred by an application-based transportation worker providing transportation/delivery network services through its digital network are paid at the commercial rate by the transportation network company/delivery network company including the utilization of the electronic toll transponder issued pursuant to subsection (j) of Section 2A and the data cross-reference pursuant to subsection (k) of said Section 2A;

(vi) has an oversight process in place to ensure that the company digital network accommodates customers with special needs, including customers requiring wheelchair accessible vehicles, in all areas served by the transportation network company/delivery network company, comply with all applicable laws regarding nondiscrimination against customers or potential customers and ensure the accommodation of customers with special needs including, but not limited to, all applicable laws, rules and regulations relating to the accommodation of service animals and application accessibility;

(vii) has a process in place to ensure that it shall: (1) maintain and update, pursuant to regulations promulgated by the department, an electronic, searchable roster, in a technology and format prescribed by the department, that includes each application-based transportation worker certified by the transportation network company/delivery network company to provide pre-arranged rides and/or delivery services using the transportation network company/delivery network company digital network, including their current address, phone and email contacts, and their base location, as defined in SECTION 1 of this Act [c. 149, s. 148E(a)]; (2) upon request and with appropriate legal process, provide those rosters to the department, the registry of motor vehicles and to state and local law enforcement; (3) maintain and update those rosters as required by the department; (4) comply with all requests for information from the Department regarding the roster, including verification of completion of a background check as required pursuant to clause (ii).

Provided, however, that the transportation network company’s or delivery network company’s rosters including the name, address, phone, email contacts and base location shall not be a public record subject to disclosure under chapter 66.  Provided further, that a labor organization or other non-profit corporation who advocates on behalf of application-based transportation workers, provide work-related benefits to application-based transportation workers,  represent workers in the transportation and delivery industries or engage in advocacy to improve the working conditions of low income, contingent workers in the commonwealth, including but not limited to application-based transportation workers, and whose written aims and objectives on file with the department of labor relations or the secretary of the commonwealth specifically address their representation and advocacy efforts on behalf of application-based transportation and gig economy workers, may petition the department for an roster of a transportation network company or delivery network company including application-based transportation worker names, addresses, phones and email contacts by base location and the department shall provide the roster in an electronic, searchable format; 

(viii) has established a toll-free customer service hotline that shall be capable of responding to public, application-based transportation worker and customer questions and complaints and that the hotline number shall be conspicuously posted along with the hours of operation on the applicant’s website and within the applicant’s digital network application; provided, however, that the department shall develop metrics concerning customer, application-based transportation worker, and consumer complaints, which shall be reported quarterly by transportation network companies or delivery network companies to the department and shall promulgate regulations concerning the investigation of complaints and compliance with these metrics;

(ix) has established procedures governing the safe provision of services compliant with state and federal law to disabled people, including but not limited to, pickup, transfer, and delivery of individuals with visual impairments and individuals who use mobility devices, including but not limited to wheelchairs, crutches, canes, walkers, and scooters; provided, however, that the department shall develop metrics concerning the provision of services to the disabled, transportation network company or delivery network companies shall be report quarterly to the department on compliance with the metrics; provided, however, that the department shall promulgate regulations concerning the investigation of complaints and compliance with these metrics; 

(x) has established procedures, policies, protocols and practices, including but not limited to trainings and the implementation of a panic-button system linked to both the transportation network company/delivery network company and local law enforcement, to promote the safety of its application-based transportation workers and customers; provided, however, that the department shall develop metrics concerning customer, application-based transportation worker and consumer safety-related complaints, training, and implementation and utilization of the panic button system which shall be reported quarterly to the department and shall promulgate regulations concerning the investigation of complaints and compliance with these metrics; and

(xi) has an oversight process in place to ensure that application-based transportation network workers with vehicles registered outside of the commonwealth meet the requirements of this chapter.

(b) After obtaining the information required under clause (ii) of subsection (c) of section 4, the Department shall determine whether the application-based transportation worker has committed an offense that would disqualify him/her from providing transportation network company/delivery network company services, according to the Department’s rules, orders and regulations. The department shall determine if the application-based transportation worker applicant is suitable and, if determined to be suitable, shall provide the transportation network company/delivery network company and the application-based transportation worker with a background check clearance certificate. The department shall conduct a background check pursuant to clause (ii) of subsection (c) of section 4 not less than annually. If the department finds that a application-based transportation worker is not suitable under the annual background check, the department shall notify the application-based transportation worker and each relevant transportation network company/delivery network company that the background check clearance certificate is revoked or suspended.

(c) The department shall calculate and the secretary of administration and finance shall determine, pursuant to section 3B of chapter 7, the costs associated with the Department’s review of an application for a transportation network company/delivery network company operations permit, for renewal of the permit and to issue background check clearance certificates, and for oversight, investigation, compliance, and enforcement of transportation network company/delivery network company reporting requirements and metrics. The department may charge the transportation network company/delivery network company a reasonable fee to cover the costs.

SECTION 5.  Said chapter 159A1/2 is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-

Section 5. (a) Each transportation network and delivery network company shall carry adequate insurance, as required by this chapter and section 228 of chapter 175, for each vehicle being used to provide transportation and delivery services through a transportation network company or delivery network company’s digital network.

(b) A transportation network company/delivery network company shall carry adequate insurance for each vehicle being used to provide transportation and delivery network services in association with an application-based transportation worker driver’s certificate.  An application-based transportation worker shall carry proof of adequate insurance provided by a transportation network company/delivery network company for whom he/she provides services, as required by section 228 of chapter 175, at all times while providing transportation and/or delivery services on behalf of the transportation network company/delivery network company. In the event of an incident giving rise to personal injury or property damage, an application-based transportation worker shall provide insurance coverage information to directly interested parties, automobile insurers and law enforcement. Upon request, a transportation network driver shall disclose to directly interested parties, automobile drivers, automobile insurers and law enforcement whether the driver was providing transportation network services at the time of the incident. Nothing in this Section exempts an application-based transportation worker from the commonwealth’s minimum vehicle insurance requirements while driving a vehicle at any time he/she is not providing services on behalf of a transportation network company/delivery network company.

(c) Automobile liability insurance providers offering coverage to a transportation network company/delivery network company to comply with subsection (a) or (b) shall cover all application-based transportation workers providing  transportation and delivery services for compensation on behalf of the transportation network company/delivery network company; their insurance policies will cover all times when an application-based transportation worker is in a vehicle and logged on to the transportation network company/delivery network company digital network and driving on behalf of the transportation network company/delivery network company.

(d) A transportation network company/delivery network company shall disclose, in writing, to a prospective application-based transportation worker, before certifying the application-based transportation worker to provide transportation and/or delivery services through the transportation network company/delivery network company digital network: (i) the insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company/delivery network company provides while the application-based transportation worker provides transportation or delivery network services; and (ii) a statement that the application-based transportation worker’s own automobile insurance policy does not provide coverage while the driver is providing transportation and/or delivery network services.

(e) In a claims coverage investigation, a transportation network company/delivery network company, a application-based transportation worker and an insurer responding to a claim involving a transportation network company/delivery network company shall disclose to each other a clear description of the coverage, exclusions and limits provided under an automobile insurance policy maintained under this section and shall cooperate to facilitate the exchange of relevant information with directly involved parties including, but not limited to, the precise times that a application-based transportation worker logged on and off of the transportation network company/delivery network company’s digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident.

SECTION 6. Said chapter 159A1/2 is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-

Section 8. (a) The department shall require a transportation network company/delivery network company to maintain certain records, in addition to the records required by clause (vii) of subsection (a) of section 3 including, but not limited to, records pertaining to incidents reported to the transportation network company/delivery network company relative to a application-based transportation worker, customer, or other impacted individual, records pertaining to accessibility, and records pertaining to pricing. The department shall issue guidelines on the content, maintenance, and disclosure of incident reports, accessibility data and complaints, and pricing. A transportation network company/delivery network company shall retain the incident reports for not less than 7 years. Each transportation network company or delivery network company or applicant to operate as a transportation network company or delivery network company shall furnish all information and documents related to the condition, management and operation of the company upon the department’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 Department within a timeline to be determined by the department shall, barring a showing of good cause, constitute cause to not issue, suspend or revoke a transportation network company/delivery network company permit pursuant to section 6.

(b) A transportation network company/delivery network company shall provide to the department a detailed monthly accounting of application-based transportation worker and customer complaints received under clause (viii) of subsection (a) 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 application-based transportation worker or customer, a transportation network company or delivery 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 company and delivery network companies shall, after being served with appropriate legal process, cooperate with law enforcement and 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/delivery network company regarding the alleged criminal activity by a application-based transportation worker or customer, to the appropriate law enforcement agency upon receipt of a specific complaint alleging criminal conduct against any application-based transportation worker or customer.

(d) Any record furnished to the department shall exclude information identifying application-based transportation workers or customers, unless the Department explains, in writing, to the transportation network company/delivery network company why the information is necessary for the enforcement processes established in this chapter.

(e) Any record furnished to the department or other state agency by a transportation network company/delivery network company pursuant to this chapter including, but not limited to, the roster of permitted application-based transportation workers, 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/delivery 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.

SECTION 7. Said chapter 159A1/2 is hereby further amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-

Section 9. Nothing in this chapter shall require a transportation network company/delivery network company to issue a driver certificate to a application-based transportation worker applicant who fails to meet the requirements of this chapter or prevent the transportation network company/delivery network company  from suspending, revoking or otherwise terminating an application-based transportation worker from its digital network for failure to meet the requirements of this chapter.

Any application-based transportation worker whose driver certificate is suspended, revoked or otherwise terminated or application-based transportation worker applicant who denied a driver certificate on the grounds that they do not meet the criteria for certification under this Section may appeal the same to the department under Section 2B(o) of this Chapter.

SECTION 8. Section 10 of said chapter 159A1/2 is hereby repealed.

SECTION 9. Said chapter 159A1/2 is hereby amended by striking out section 12, as inserted by section 23 of chapter 176 of the acts of 2022, and inserting in place thereof the following section:-

Section 12. (a) On the first day of each month, each transportation network company shall submit to the Department, in a format approved by the Department, data related to each pre-arranged ride provided in the month prior to the previous month and shall include for each pre-arranged ride: (i) the latitude and longitude for the points of the origination and termination, calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination, calculated to the nearest minute; (iii) the total cost paid by the customer for the ride; (iv) the universally-unique identifier associated with the application-based transportation worker; (v) the application-based transportation worker’s  city or town of residence as appearing on the driver's license; (vi)whether the customer requested a shared ride but was not successfully matched with another customer; (vii) whether the customer requested accommodation for special needs; (viii) whether the transportation service was provided by a wheelchair accessible vehicle; (ix) whether there were any application-based transportation worker or customer-initiated cancellations; (x) the total time that the application-based transportation worker spent on the way to pick up the customer; (xi) the total time that the application-based transportation worker spent providing the pre-arranged transportation service; (xii) the geographic position of the vehicle during the entire duration of the pre-arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride/delivery; (xiii) the total mileage driven by the application-based transportation worker while on the way to pick up the customer; (xiv) the total mileage driven by the application-based transportation worker while providing the pre-arranged transportation/delivery service; (xv) the transportation network company vehicle license plate; (xvi) whether the application-based transportation worker  is a professional driver, as advertised by the transportation network company; and (xvii) whether the pre-arranged transportation service was advertised by the transportation network company as a luxury or premium ride, regardless of whether the transportation network vehicle was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised by the transportation network company as a luxury or premium ride, the factors that were considered in that designation, including, but not limited to, vehicle make, model, year and, if available, trim, whether the transportation network driver was a professional driver, as advertised by the transportation network company and whether the ride was available by an exclusive membership option.

(b)  On the first day of each month, each delivery network company shall submit to the department, in a format approved by the department, data related to each pre-arranged delivery provided in the month prior to the previous month and shall include for each pre-arranged delivery: (i) the latitude and longitude for the points of the origination and termination, calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination, calculated to the nearest minute; (iii) the total cost paid by the customer for the delivery services; (iv) the universally-unique identifier associated with the application-based transportation worker; (v) the application-based transportation worker’s  city or town of residence as appearing on the driver's license; (vi) specific to a delivery network company, whether the application-based transportation worker engaged in selection of products, packing and transportation or any portion of the service;   (vii) whether the customer requested any accommodations for special needs; (viii) specific to a delivery network company, whether the application-based transportation worker provided the accommodation; (ix) whether there were any application-based transportation worker or customer-initiated cancellations; (x) the total time that the application-based transportation worker spent selecting, packing or on the way to pick up the items for delivery; (xi) the total time that the application-based transportation worker spent providing the pre-arranged delivery services; (xii) the geographic position of the vehicle during the entire duration of the pre-arranged delivery, provided at intervals of not less than every 60 seconds of the pre-arranged delivery; (xiii) the total mileage driven by the application-based transportation worker while on the way to pick up the delivery; (xiv) the total mileage driven by the application-based transportation worker while providing the pre-arranged delivery service; (xv) the application-based transportation worker’s vehicle license plate; and (xvi) whether the pre-arranged ride was advertised by the delivery network company as providing expedited or other premium service.

(c) The department may obtain additional ride/delivery data from a transportation network company/delivery network company for the purposes of congestion management, which may include, but shall not be limited to: (i) the total number of application-based transportation workers that utilized the transportation network company/delivery network company digital network within specified geographic areas and time periods as determined by the division; and (ii) the total time spent and total miles driven by application-based transportation workers in such geographic areas or time periods as determined by the Department while (A) on the way to pick up a customer or (B) engaged in a pre-arranged ride/delivery. The Department shall promulgate regulations relative to data collection pursuant to this subsection prior to obtaining the data.

(d) Annually, not later than June 30, the department  shall post on its website, in aggregate form, the total number of rides provided by all transportation network companies and all deliveries provided by all delivery network companies that that originated in each city or town, each city or town where the rides/deliveries originating in each city or town terminated and the average miles and minutes of the rides/deliveries that originated in each city or town and terminated in each other respective city or town.

(e) For the purposes of congestion management, transportation planning or emissions tracking, as well as any other beneficial use in the interest of the Commonwealth, its subdivisions, and/or its municipalities, the Department may enter into data-sharing agreements to share electronic, de-identified trip-level data received by the Department pursuant to this section with the executive office of technology services and security, the executive office of energy and environmental affairs, the Massachusetts Department of Transportation, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental protection, a regional transit authority established under section 3 of chapter 161B,  municipalities serviced by transportation network companies or delivery network companies, a regional planning agency in the commonwealth and a metropolitan planning organization in the commonwealth.  The Commonwealth will provide versions of this data, redacted to address the reasonable privacy concerns of both application-based transportation workers and consumers only to the extent absolutely necessary to individuals and organizations within the Commonwealth who are stakeholders upon request and a reasonable showing of interest in the data.

The department shall prescribe the form and content of a data-sharing agreement under this subsection, the manner of transmitting the information and the information security measures that shall be employed by an entity receiving the data under any such data sharing agreement. A data-sharing agreement shall specify that the information provided by the Department shall be aggregated and de-identified and may be used only for the purposes set forth in the agreement. Any data received by an entity from the Department through a data-sharing agreement under this subsection shall be considered a public record under section 7 of chapter 4 and chapter 66 and shall be subject to reasonable limitations on dissemination for profit. 

SECTION 10. Said chapter 159A1/2 is hereby further amended by striking out section 12, as inserted by section 8, and inserting in place thereof the following section:-

Section 13. (a) The department shall establish a program to reduce greenhouse gas emissions from transportation network companies or delivery network companies. To the extent permitted under federal law, the program shall establish requirements for transportation network companies or delivery network companies including, but not limited to, vehicle electrification and greenhouse gas emissions requirements. Such requirements shall include, but not be limited to, a requirement for said companies to submit biennial plans to gradually increase zero-emission transportation network vehicles and reduce greenhouse gas emissions to meet goals set by the executive office of energy and environmental affairs. If the Department determines that vehicle electrification requirements alone would be sufficient to achieve the greenhouse gas emissions goals set by the executive office of energy and environmental affairs, then it may establish requirements for vehicle electrification without establishing separate requirements for greenhouse gas emissions. The department shall, to the extent practicable, minimize any negative impacts of the program on application-based transportation workers from neighborhoods and municipalities that have an annual median household income of not more than 65 per cent of the statewide annual median household income. 

(b) The department shall establish regulations to implement the program established in this section.

SECTION 10. Section 12 shall take effect on 01/01/2024.