Amendment #987 to H4000

Delivery Network Company Data Collection

Mr. Vargas of Haverhill moves to amend the bill by inserting the following section:

SECTION X. (a) The General Laws are hereby amended in section 1 of Chapter 159A1/2 by inserting after the words “requires otherwise” the following: “

‘Application-based delivery worker’, a person who works as a Delivery Network Company courier by logging onto a digital network through an on-line enabled application or platform of a Delivery Network Company using any form of transportation approved by the Delivery Network Company for use on its platform; provided, however, that an “application-based delivery worker” shall be presumed an employee of the network company, consistent with section 148B of Chapter 149, for all intents and purposes;

‘Delivery Network Company’, a corporation, partnership, sole proprietorship or other entity that utilizes a digital network to assign application-based delivery workers to provide pre-arranged delivery services within the Commonwealth.

‘Delivery Network Vehicle’, an automobile or motorcycle as defined by General Laws Chapter 90, Section 1, and a motorized bicycle, an electric bicycle, a motorized standing scooter, an electric standing scooter, or an unmotorized bicycle or standing scooter used by an app-based delivery worker to make deliveries.”

(b) Said Chapter 159A1/2 is further amended by inserting the following two sections:

“Section XX. (a) On the first day of each month, each Delivery Network Company shall submit to the division, in a format approved by the division, 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 delivery worker; (v) the application-based delivery worker’s  city or town of residence as appearing on the driver's license; (vi) whether the application-based delivery 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) whether the application-based delivery worker provided the accommodation; (ix) whether there were any application-based delivery worker or customer-initiated cancellations; (x) the total time that the application-based delivery worker spent selecting, packing or on the way to pick up the items for delivery; (xi) the total time that the application-based delivery worker spent providing the pre-arranged delivery services; (xii) the geographic position of the delivery network

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 delivery worker while on the way to pick up the delivery; (xiv) the total mileage driven by the application-based delivery worker while providing the pre-arranged delivery service; (xv) the application-based delivery worker’s vehicle license plate; (xvi) whether the pre-arranged delivery was advertised by the Delivery Network Company as providing expedited or other premium service; and (xv) the type of delivery network vehicle utilized by the application-based delivery worker for the delivery.

(b) The division may obtain additional delivery data from a 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 delivery workers that utilized the 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 delivery workers in such geographic areas or time periods as determined by the Department while (A) on the way to pick up a delivery or (B) engaged in a delivery. The Department shall promulgate regulations relative to data collection pursuant to this subsection prior to obtaining the data.

(c) Annually, not later than June 30, the division shall post on its website, in aggregate form, the total number of all deliveries provided by all Delivery Network Companies that originated in each city or town, each city or town where the deliveries originating in each city or town terminated and the average miles and minutes of the deliveries that originated in each city or town and terminated in each other respective city or town.

(d) 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 division may enter into data-sharing agreements to share electronic, de-identified delivery trip-level data received by the division 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 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 delivery 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 division 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 division 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 division 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 XX. (a) The division shall establish a program to reduce greenhouse gas emissions from Delivery Network Companies. To the extent permitted under federal law, the program shall establish requirements for 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 delivery network vehicles and reduce greenhouse gas emissions to meet goals set by the executive office of energy and environmental affairs. If the division 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 division shall, to the extent practicable, minimize any negative impacts of the program on application-based delivery 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.”

Additional co-sponsor(s) added to Amendment #987 to H4000

Delivery Network Company Data Collection