reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 3 - Commissioners; Oath; Interests in Regulated Industry Companies

Section 3. Each commissioner shall be sworn to the faithful performance of his or her official duties. A commissioner shall not own, or be in the employ of, or own any stock in any regulated industry company, nor shall he or she be in any way directly or indirectly pecuniarily interested in or connected with any such regulated industry company or in the employ or connected with any person financing any regulated industry company. A commissioner shall not personally or through any partner or agent render any professional service or make or perform any business contract with or for any regulated industry company, except contracts made with the commissioners as common carriers for furnishing of services, nor shall he or she directly or indirectly receive any commission, bonus, discount, present, or reward from any regulated industry company.
For the purposes of this section and the provisions of chapter 164, a regulated industry company shall be defined as any corporation, city, town or other governmental subdivision, partnership or other organization, or any individual engaged within the commonwealth in any business which is, or the persons engaged in which are, in any respect made subject to the supervision or regulation of the department by any provision of law except chapter 110A of the General Laws and chapter 651 of the Acts of 1910, as amended.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 4 - Chairman of Commission; Powers and Duties; Hearings; Investigations; Reports

Section 4. The chairman shall have and exercise supervision and control over all the affairs of the commission. He shall preside at all hearings at which he is present, and shall designate a commissioner to act as chairman in his absence. He shall not, except as is otherwise provided herein, be charged with any administrative functions. In order to promote efficiency in administration he shall from time to time make such division or redivision of the work of the department among the commissioners as he deems expedient and may refer matters related to the need for, construction of, or siting of facilities, as defined in section sixty-nine G of chapter one hundred and sixty-four, as he deems appropriate to the energy facilities siting board in accordance with section sixty-nine H of chapter one hundred and sixty-four. All of the commissioners shall, if so directed by the chairman, participate in the hearing and decision of any matter coming before the commission. In the hearing of all matters other than those of formal or administrative character coming before the commission, at least 2 commissioners shall participate and in the decision of all such matters at least 2 commissioners shall participate; provided, that any such matter may be heard, examined and investigated by an employee of the department designated and assigned thereto by the chairman with the concurrence of one other commissioner. Such employee shall make a report in writing relative to every such matter to the commission for its decision thereon. For the purposes of hearing, examining and investigating any such matter such employee shall have all of the powers conferred upon a commissioner by section five A, and all pertinent provisions of said section shall apply to such proceedings. In every such case the concurrence of a majority of the commissioners participating in the decision shall be necessary therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 4a - Hearings on Change of Rates or Reduction in or Discontinuance of Service; Time and Place

Section 4A. Upon request of the mayor of a city or the selectman of a town, or of a member of the general court or of twenty customers of the company affected, a public hearing ordered by the department, to be held in connection with any change in rates or reduction in or discontinuance of service, shall be held in the city or town or area wherein the company affected does business or in which any decision of the commission would apply. No public hearing on a discontinuance of service by a common carrier of passengers by motor vehicle shall take place until the expiration of thirty days from notice thereof to the public in the city, town or area affected thereby, and such notice shall be given in the manner provided by section three of chapter thirty A. The department shall, at least fourteen days prior to holding any public hearing under this section, notify in writing the mayor of each city and the selectmen of each town in which the company does business of the time and place of such hearing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 4b - Authority of Commissioner Upon Declaration of State of Emergency

Section 4B. Upon declaration by the governor that a state of emergency exists, the governor may authorize the chairman of the department of public utilities to take such action that the chairman may consider necessary to assure public safety and welfare through the priority restoration or continuing availability of gas, electric and water utility services. Under such authority, the chairman may issue operational and management directives and order expenditures or other measures by any investor-owned utility that the chairman considers necessary to respond to the state of emergency, including but not limited to, expenditures for the deployment of personnel, equipment and other assets or property of an alternative utility to assume responsibility for the restoration of service if, in the judgment of the chairman, the affected utility is incapable of restoring service. The chairman shall have immediate access to all utility documents, information and personnel necessary to respond to the state of emergency; provided, however, that documents and information provided to the chairman during such state of emergency shall be subject to the exemption provided by subclause (n) of clause 26 of section 7 of chapter 4, to the extent necessary to protect the public safety. The chairman may temporarily suspend any department rule or regulation and implement any emergency rule, procedure or protocol that is necessary to respond to the emergency. Any orders issued by the chairman shall expire within 30 business days unless ratified by the commission prior to the 30 day expiration; provided, however, that said ratification by the commission shall prescribe an end date for each order. Expenses authorized by the chairman under this section may be recognized by the department for all purposes as proper business expenses of the affected utility or alternative utility subject to investigation and recovery through rates. The affected utility shall be required to reimburse the alternative utility for all its costs incurred within 90 days of the receipt of invoices for the cost of service. Failure of any investor-owned utility to carry out an order by the chairman authorized under this section shall be subject to investigation and a penalty of up to $1,000,000 per violation. A penalty levied by the department shall be returned to ratepayers through distribution rates. Any investor-owned utility aggrieved by an order or directive issued by the chairman under this section may request a hearing within 90 days from the date the state of emergency ends.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 5a - Witnesses; Summonses; Subpoenas; Fees

Section 5A. In all investigations and inquiries authorized by law to be made by the department and in all proceedings before it, any commissioner of the department may summon witnesses, administer oaths and take testimony. The fees of such witnesses for attendance and travel shall be the same as for witnesses before the superior court and shall be paid by the commonwealth upon the certificate of the department filed with the comptroller. The fees of such witnesses need not be paid or tendered to them prior to their attendance and testimony. Subpoenas may be issued at the instance of a complainant, respondent or any other party to any proceeding before the commission under such rules as the department may establish, in which case the cost of service and the fees of witnesses shall be borne by the party at whose instance the witness is summoned, and such fees shall be paid to the witnesses as provided in the case of witnesses before the superior court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 5c - Hazardous Materials; Rail Transportation Regulations

Section 5C. The department shall promulgate, in accordance with chapter thirty A, rules and regulations for the transportation by rail of hazardous materials in the commonwealth. Said regulations shall be consistent with any federal regulations in effect.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 5d - Trade Secrets, Confidential Information; Protection From Disclosure; Burden of Proof

Section 5D. Notwithstanding the provisions of clause Twenty-sixth of section seven of chapter four and section ten of chapter sixty-six, the department may protect from public disclosure, trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted pursuant to this chapter. There shall be a presumption that the information for which such protection is sought is public information and the burden shall be upon the proponent of such protection to prove the need for such protection. Where such a need has been found to exist, the department shall protect only so much of the information as is necessary to meet such need. The department shall promulgate procedural rules and regulations consistent with this section as it deems necessary to implement the provisions hereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 5e - Audit of Companies Subject to Jurisdiction of Department; Time of Commencement; Payment of Costs; Filing of Results

Section 5E. The department may, from time to time, audit all companies subject to its jurisdiction, except steam distribution companies. Such audits may include, but shall not be limited to, review of the following documents: (a) all financial statements, the balance sheet, the income statement, the statement of cash flows, the statement of retained earnings, the notes to the financial statements, and the information in the annual return to the department; (b) all documents concerning reconciling mechanisms related to rates, prices, charges, or costs and savings related to a merger, acquisition or consolidation within 3 years after the merger, acquisition or consolidation; and (c) documents concerning service quality measure statistics and service quality performance at least every 3 years or whenever service quality penalties equal to or exceed 50 per cent of the maximum.
Upon written complaint of the attorney general requesting an independent audit of a company subject to the department's jurisdiction, the department shall commence a proceeding within 30 days of receipt of the complaint for the purpose of ordering the requested audit in a reasonable time. The results of any audit so ordered shall be filed promptly with the department and each audit shall be paid for by the company that is the subject of the audit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 7 - Duties Relative to Common Carriers; Employees; Division of Railroad Track Inspection

Section 7. For the performance of the department's duties relative to common carriers the commission may appoint or employ and remove such engineers, accountants, statisticians, bureau chiefs and division heads, assistants, inspectors, clerks and other subordinates as are required therefor, and may appoint on such terms as it deems advisable a counsel and attorneys who, in the conduct of litigation and court proceedings, shall act under the direction of the attorney general. Accountants shall be skilled in the methods of railroad accounting and under the direction of the commission shall supervise the method by which the accounts of corporations operating railroads or street railways are kept. The commission shall appoint one or more competent experts to examine the reports required by section eighty-three of chapter one hundred and fifty-nine, and may, whenever in its opinion public interest requires, in connection with any proposed issue of stock or bonds by a railroad corporation or street railway company, employ competent experts to investigate the character, cost and value for railroad or railway purposes of the property of such corporation or company.
There shall be in the department a division of railroad track inspection which shall be charged with inspecting and reporting the condition and safety factor of all railroad track in the commonwealth. Said division shall maintain a continuous up to date cumulative record of all such inspections which shall be available to the public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 8 - Duties Relative to Common Carriers; Expenditures

Section 8. For the performance of the department's duties relative to common carriers the commission may expend annually such sums to procure opinions, advice, plans, surveys, appraisals, audits, examinations, statistics, information, apparatus, instruments, books, tables, maps, drawings, supplies, sundries, and for travel within or without the commonwealth and expense incidental thereto, as it may from time to time deem requisite in the performance of its duties. It may from time to time cause to be made a compilation with annotations of the statutes of this commonwealth relating to common carriers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 9 - Duties Relative to Water, Gas and Electric Companies; Expenditures; Employees

Section 9. For the performance of the department's duties relative to water, gas and electric companies the commission may expend annually for necessary statistics, books, stationery and contingent expenses, and for clerical and other assistance, such sums as the general court shall annually appropriate, and may appoint or employ, subject to the approval of the governor and council, such expert assistance as it may deem advisable, on such terms of office or employment as it may deem proper, and may expend therefor and for the performance of the duties imposed upon it by law such sums as the general court shall annually appropriate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 10 - Officers and Employees; Supervision and Control

Section 10. The commission may assign to all officers and employees appointed or employed under the three preceding sections such duties as it shall from time to time deem advisable, but all acts of such officers and employees shall be done under the supervision and control of, and subject to revision by, the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 10b - Filing Fees

Section 10B. Except when a fee is required by another provision of law, and except in the case of a filing by the commonwealth or any of its political subdivisions, the department shall charge and collect fees as determined annually by the commissioner of administration under the provision of section three B of chapter seven in the following instances:
1. For filing a tariff having intrastate application only, schedule or amendment thereto, or a contract filed under section seven of chapter one hundred and fifty-nine B, and for filing an application for a permit for special service, under section eleven A of chapter one hundred and fifty-nine A.
2. For filing each annual report or any contract, other than one required to be filed under section seven of chapter one hundred and fifty-nine B, required by law to be filed with the department, and for filing an appeal to the commission from a ruling or decision of the director of the transportation division, under section twelve F of this chapter.
3. For filing each application for a certificate of public convenience and necessity under chapter one hundred and fifty-nine A, for the issuance of a license for charter service under chapter one hundred and fifty-nine A, or for exemption from a zoning ordinance.
4. For filing each application by any public utility for approval of the issue of stocks, bonds, notes or other evidences of indebtedness according to the amount thereof, as follows:
For each additional $10,000 or fraction thereof
5. For any other approval or authority of the department.
The department shall designate one of its employees to receive all fees collected under this section who shall give bond to the state treasurer in the sum of ten thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 12f - Transportation Division; Director; Assistants

Section 12F. There shall be in the department, and under the general supervision and control of the commission, a transportation division which shall be under the charge of a director, who shall be subject to chapter thirty-one and the rules and regulations made under authority thereof. The commission shall appoint said director. Said division, subject to such supervision and control, shall perform such functions in relation to the administration and enforcement of chapter one hundred and fifty-nine B imposed upon the department by said chapter as the commission may from time to time determine by order duly recorded in the office of the commission and open to public inspection. Such an order may also provide for appeals to the commission from rulings and decisions of said director. The commission may employ such assistants and employees to serve in said division as it may deem necessary, and may assign for service in said division such number, not exceeding twenty-five, of investigators and examiners as it may deem necessary.
The railway and bus division and all the powers, duties and responsibilities assigned to said railway and bus division shall be transferred to said transportation division.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 12g - Transportation Division; Investigations and Inquiries

Section 12G. In all investigations and inquiries authorized by law to be made by the director of the transportation division, and in all proceedings before him, he may summon witnesses, administer oaths and take testimony. The provisions of section five A relative to fees of witnesses in proceedings before the department shall apply to witnesses summoned under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 12n - Facility Siting Division

Section 12N. There is hereby established within the department, and under the general supervision and control of the commission, a facility siting division which shall be under the charge of a director appointed by the commission. This division, subject to such supervision and control, shall perform such functions as the commission may determine in relation to the administration, implementation, and enforcement of sections sixty-nine G through sixty-nine S, inclusive, of chapter one hundred and sixty-four imposed upon the department and the energy facilities siting board by said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 12o - Department of Telecommunications and Energy Trust Fund

Section 12O. There shall be established upon the books of the commonwealth a separate fund to be known as the Department of Telecommunications and Energy Trust Fund. There shall be credited to said fund all amounts collected pursuant to the second paragraph of section 18 and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department of telecommunications and energy commission, for activities of the department related to the regulation of electric companies. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 12p - Department of Public Utilities Storm Trust Fund

Section 12P. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Department of Public Utilities Storm Trust Fund. There shall be credited to this fund all amounts collected under the third paragraph of section 18 and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department of public utilities for activities of the department in investigating the preparation for and responses to storm and other emergency events by the electric companies. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 12q - Department of Public Utilities Energy Facilities Siting Board Trust Fund

Section 12Q. There shall be a Department of Public Utilities Energy Facilities Siting Board Trust Fund. The department shall credit to the fund: (i) application fees collected pursuant to section 69J1/2 of chapter 164; and (ii) income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department for operation of the energy facilities siting board established in section 69H of said chapter 164. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years.
Annually, not later than December 1, the department shall issue a report to the clerks of the senate and house of representatives and to the chairs of the senate and house committees on ways and means on the fund activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 12r - Department of Public Utilities Unified Carrier Registration Trust Fund

Section 12R. There shall be a Department of Public Utilities Unified Carrier Registration Trust Fund. The department shall credit to the fund: (i) application fees collected pursuant to section 10 of chapter 159B; and (ii) income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, without further appropriation, by the department for the regulation of motor carriers pursuant to said chapter 159B. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in subsequent fiscal years.
Annually, not later than December 1, the department shall issue a report to the clerks of the senate and house of representatives and to the chairs of the senate and house committees on ways and means on the fund activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 18a - Assessment Against Steam Distribution Companies; Apportionment; Time for Payment; Credit for Unexpended Funds

Section 18A. The commission may make an assessment against each steam distribution company under the jurisdictional control of the department. Each steam distribution company shall annually report by March 31 its intrastate operating revenues for the previous calendar year to the department. The assessments shall be apportioned according to each steam distribution company's intrastate operating revenues, to produce an annual amount not greater than $600,000, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the department and for the cost of fringe benefits as established by the commissioner of administration under section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave.
Each company shall pay the amount assessed against it within 30 days after receipt of the notice of assessment from the department. Such assessments collected by the department shall be credited to the General Fund. Any funds unexpended in any fiscal year for the purposes for which such assessments were made shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25 - Department of Public Utilities › Section 23 - Division for the Administration, Implementation and Enforcement of Chapter 159a1/2; Funding From Surcharge on Transportation Network Companies

Section 23. (a) There shall be established within the department a division that shall be under the general supervision and control of the commission and shall be under the control of a director. The division shall promulgate rules and regulations and shall perform such functions as necessary for the administration, implementation and enforcement of chapter 159A1/2.
(b) To fund the division's activities, the division shall assess a surcharge on each transportation network company, as defined in section 1 of chapter 159A1/2. Each transportation network company shall annually report by March 31 its intrastate operating revenues for the previous calendar year to the division. The surcharge shall be apportioned according to each transportation network company's intrastate operating revenues as determined and certified annually by the division in order to reimburse the commonwealth for funds expended for the division's activities. If a transportation network company fails to report its intrastate operating revenues to the division by March 31, the division may estimate a transportation network company's intrastate operating revenues to assess the surcharge.
Each transportation network company shall pay the surcharge not later than 30 days from the date of the notice of the surcharge amount from the division. Failure to pay the surcharge within 30 days may, at the discretion of the division, constitute cause to suspend or revoke a transportation network company permit pursuant to chapter 159A1/2.
Funds that are not expended in a fiscal year for the operation of the division shall be credited against the surcharge to be made the following fiscal year and the surcharge amount in the following fiscal year shall be reduced by the unexpended amount.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 1 - Department of Energy Resources; Commissioner

Section 1. There shall be within the executive office of energy and environmental affairs a department called the department of energy resources, under the supervision of a commissioner of energy resources, hereinafter the commissioner. The duties given to the commissioner in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary of energy and environmental affairs. The commissioner shall be appointed by the secretary of energy and environmental affairs, with the approval of the governor, and may, with like approval, be removed. The commissioner shall be a person of skill and experience in the field of energy regulation or policy and shall serve a term coterminous with that of the governor. The position of commissioner shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The commissioner shall devote full time during business hours to the duties of the office. In the case of an absence or vacancy in the office of the commissioner, or in the case of disability as determined by the secretary, the secretary may designate an acting commissioner to serve as commissioner until the vacancy is filled or the absence or disability ceases. The acting commissioner shall have all the powers and duties of the commissioner and shall have similar qualifications as the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 4 - Officers and Employees

Section 4. Subject to appropriation, the commissioner of energy resources with the approval of the governor may appoint such persons as he shall deem necessary to perform the functions of the department and his office, provided that the provisions of chapter thirty-one and section nine A of chapter thirty shall not apply to any person holding any such appointment. Every person so appointed to any position in his office shall have experience and skill in the field of such position. So far as practicable in the judgment of the commissioner, appointments to such positions in his office shall be made by promoting or transferring employees of the commonwealth serving in positions which are classified under chapter thirty-one of the General Laws, and such appointments shall at all times reflect the professional needs of the department or division affected. If an employee serving in a position which is classified under chapter thirty-one or in which an employee has tenure by reason of section nine A of chapter thirty of the general laws shall be appointed to a position within this office which is not subject to the provisions of chapter thirty-one of the general laws, the employee shall upon termination of his service in such position be restored to the position which he held immediately prior to such appointment; provided, however, that his service in such position shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter thirty-one. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty of the General Laws and without loss of seniority, retirement or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 5 - Reports Filed With Legislative Committees

Section 5. The commissioner shall file an annual report with the clerks of the senate and the house of representatives, the joint committee on telecommunications, utilities and energy and the senate and house committees on ways and means: (a) listing the number of employees of the department of energy resources, the salaries and titles of each employee, the source of funding for the salaries of said employees and the projected date when federal funds for such positions are expected to terminate; (b) listing and describing grant programs of the department funded by the federal government, including the amount of funding by grant; (c) listing and describing other programs of the department, including the amount and source of funding by program; and (d) describing the energy audit, energy conservation and alternative energy bond programs by categories of projects, prospective grantees under each category, if known, and amounts to be spent by category and grantee. Such reports shall be filed annually on or before December thirty-first and shall refer to activities planned for the subsequent calendar year. The commissioner shall also file with said committees an annual report detailing all expenditures under each program administered by the division, including the energy audit, energy conservation and alternative energy bond programs, identified by categories of projects and grantees under each category, together with all available documentation of energy savings resulting from such expenditures. Such reports shall be filed on or before March first of each year and shall refer to activities in the preceding calendar year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 8 - Declaration of Energy Emergency

Section 8. The governor shall have the authority to declare an energy emergency in the commonwealth due to actual or imminent severe energy supply interruption in the commonwealth, or resulting from the obligating of the United States under the international energy program of the United States, or like obligation. The declaration of an energy emergency shall comply with the requirements of Section 2 of chapter 30A with regard to emergency regulations. Upon issuance of such declaration of an energy emergency the Governor shall implement, at his discretion, with or without any federal delegation, action or approval (i) such energy supply shortage contingency plans including conservation contingency plans and rationing contingency plans as have been developed by the department and which conform to the substantive requirements of 42 USC Secs. 6261–6275 and (ii) any petroleum plan or other measures which comply with the substantive requirements of 15 USC Sec. 751–760H or successor federal legislation. Any such declaration of an energy emergency, as provided in this section, shall expire in ninety days after promulgation. In the event the governor deems it necessary to extend the energy emergency beyond said ninety days, he shall file with the general court legislation authorizing such extension. The Governor shall have the authority to adopt and enforce such energy emergency measures as may be delegated by the United States and which are consistent with law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 9 - Information Obtained From Other Agencies or Political Subdivisions

Section 9. To assist the office in the discharge of its duties, the commissioner may request from any agency or political subdivision of the commonwealth any information relevant to the discharge of such duties.
An information copy of each application submitted by any state agency, including all state institutions of higher learning or any political subdivision of any public agency, for a grant or loan with respect to any energy development or energy conservation program, including the acquisition of land and facilities for these purposes, shall be filed with the department no later than the twentieth day after submission of said application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 10a - Competitive Bidding Procedure for Municipal Green Communities

Section 10A. The division shall design and implement a competitive bidding procedure for the procurement of electric generation from renewable and alternative generating facilities on behalf of municipalities certified as green communities under section 10. Any competitive bids received shall include payment options with rates that remain uniform for a minimum of 5 years. In lieu of designing and implementing a competitive bidding process as required by this section, the director may become a member of programs organized and administered by the Health and Educational Facilities Authority or its subsidiary organization for the purpose of such competitive group purchasing of electricity.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 11a - Commercial and Apartment Conservation Service Program; Enforcement; Penalties

Section 11A. (a) The commissioner of energy resources is hereby authorized to prepare a state plan and to promulgate such regulations as may be necessary to implement the Massachusetts commercial and apartment conservation service program, including requiring all utilities, as defined in section one of chapter four hundred and sixty-five of the acts of nineteen hundred and eighty, to offer the program requirements to qualified customers, as determined by the commissioner, in such manner and at such times as the commissioner may require, and to establish and regulate the fees to be charged by utilities for such services. The commissioner is hereby authorized to adopt such additional state program requirements beyond the minimum federal program requirements, establish in accordance with Title VII of the National Energy Conservation Policy Act, Public Law 95–619, which are found to be in the public interest.
(b) The commissioner of energy resources shall have the power to enforce the provisions of said program pursuant to the same remedies and procedures established in section eight of said chapter four hundred and sixty-five, including, without limiting the foregoing, the authority to assess civil penalties up to twenty-five thousand dollars against any person, utility, energy auditor, supplier, installer, or lender participating under the state plan who violates any provision of the plan, or this section, or any rule or order adopted or issued hereunder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 11b - Motor Vehicles Owned by Commonwealth; Fuel Efficiency

Section 11B. Motor vehicles owned and operated by the commonwealth, as they are removed from service, shall only be replaced with vehicles that have above-average fuel efficiency for new vehicles within their size class as determined by the federal government. The provisions of this section shall not apply in cases where the purchase of an above-average fuel efficiency vehicle within their size class as determined by the federal government would result in an inability of the new vehicle to perform its intended duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 11g - Coordination of Ratepayer-Funded Energy Efficiency Programs

Section 11G. The department of energy resources shall have the authority to oversee and coordinate ratepayer-funded energy efficiency programs. The department shall seek to achieve goals including, but not limited to, the following: (i) ensure that energy efficiency funds are allocated equitably among customer classes; (ii) ensure that there will be adequate support for ''lost opportunity'' efficiency programs in areas such as new construction, remodeling, and replacement of worn-out equipment; (iii) give due emphasis to statewide market transformation programs in order to systematically eliminate market barriers to energy efficiency goods and services; and (iv) provide weatherization and efficiency services to low-income customers. The department of energy resources shall annually file a report with the department of telecommunications and energy on the proposed funding levels for energy efficiency programs. The department of public utilities shall review and approve energy efficiency expenditures after determining that implementation of such programs was cost-effective. The department shall adopt rules and regulations necessary to implement this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 11h - Assessments Against Electric and Gas Utility Companies; Rate Determined and Certified Annually by Commissioner

Section 11H. (a) The department of energy resources may make an assessment against each electric and gas utility company doing business in the commonwealth. This section shall not apply to municipally owned electric and gas companies.
(b) The assessments shall be made to finance activities undertaken by the department in accordance with section 11G related to oversight and coordination of ratepayer funded programs for energy efficiency, energy conservation, and demand reduction programs.
(c) The assessment shall be made at a rate determined and certified annually by the commissioner as sufficient to reimburse the commonwealth for funds appropriated by the general court for activities of the department related to the oversight and coordination of programs for energy efficiency, energy conservation, and demand reduction. The assessment shall not exceed an amount equal to 3.75 per cent of the total annual mandatory charge collected by each utility company under section 19 of chapter 25 in the case of electric companies, or 3.75 per cent of the efficiency budgets as approved by the department of public utilities or otherwise required by law in the case of gas companies, as applicable. Assessments made under this section shall be charged by the utility companies against the revenues so collected under section 19 of chapter 25 or as the revenues are approved by the department of public utilities or otherwise required by law, as applicable. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25a - Division of Energy Resources › Section 12 - Regulations; Submission to General Court

Section 12. Except for emergency regulations adopted pursuant to section two of chapter thirty A, and except for actions taken under section eight of this chapter, any regulation, as defined in section one of said chapter thirty A, or any amendment or repeal of any such regulation adopted by the commissioner pursuant to this chapter, shall, after compliance with all applicable provisions of said chapter thirty A, except section five, shall be submitted to the general court. Said commissioner shall file the proposed regulation, amendment or repeal with the clerk of the house of representatives, together with a statement that the pertinent provisions of said chapter thirty A, except section five have been complied with. Such regulations shall be accompanied by a summary of the regulations in layman's terms. The clerk of the house of representatives, with the approval of the president of the senate and the speaker of the house of representatives, shall refer such regulations to the joint committee on telecommunications, utilities and energy. Within thirty days after such referral, said committee may hold a public hearing on the regulations and shall issue a report to said commissioner. Said commissioner shall review said report and shall adopt final regulations as deemed appropriate in view of said report and shall file with the chairmen of such reporting committee its final regulations. Not earlier than thirty days after the filing of such report with the committee, said commissioner shall file the final regulations with the state secretary as provided in section five of said chapter A and said regulations shall thereupon take effect.