Amendment #1 to H4351

FURTHER AMENDMENT

Ms. Garlick of Needham moves to amend the bill Ms. Garlick of Needham concurs with the Senate in its amendment to House, No. 4351 and moves to further amend the Senate’s amendment by adding the following 6 sections:

“SECTION 3. Section 4A of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the word “selectmen”, in line 8, the following words:-, in a municipal light plant by the board or commission.

SECTION 4. Said section 4A of said chapter 40, as so appearing, is hereby further amended by inserting after the word “40N”, in line 28, the following words:- , a municipal light plant established under chapter 164.

SECTION 5. Section 47B of chapter 164 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Any municipality acting by and through its municipal light board may provide services and assistance to any municipal or state utility, tribal utility as defined in 25 CFR § 169.2, or any other publicly-owned or operated utility, whether located inside or outside of the commonwealth, and governmental units as defined in section 4A of chapter 40, to construct, install, alter, operate, maintain or repair utility poles and conduit, wires, cables and equipment, and streetlights and traffic signals to the same extent such municipality acting by and through its municipal light board may provide such services within its service territory. Any such municipality acting by and through its municipal light board may sell, rent or lease merchandise, equipment, fixtures, utensils and chattels of any description related to the provision of such services. Any employee providing such services entered into between the municipality acting by and through its municipal light board and such other public entity shall be subject to the provisions of sections 1 to 28, inclusive, of chapter 32 and shall have the same rights and privileges thereunder, as if performing the same duties within the scope of their employment including voluntary assignments.

SECTION 6 The definition of “Emergency mutual aid” in section 133 of said chapter 164, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Any municipal lighting plant providing emergency mutual aid may sell, rent or lease equipment, fixtures and goods of any description related to the provision of emergency mutual aid.

SECTION 7. The second paragraph of said section 133 of said chapter 164, as so appearing, is hereby amended by adding the following sentence:- Any employee of a municipal lighting plant providing emergency mutual aid shall be covered by the provisions of sections 1 to 28, inclusive, of chapter 32, as may be amended from time to time, and shall have the same rights and privileges thereunder, as if performing such duties within the scope of their employment including voluntary assignments authorized by the employer.

SECTION 8. Said section 133 of said chapter 164, as so appearing, is hereby further amended by inserting after the word “utility”, in line 27, the following words:-              or its employees.”.