reglab/statecodes huggingface dataset:
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 13 - Department of Energy Resources Credit Trust Fund

Section 13. (a) Notwithstanding any general or special law to the contrary, the department may apply for, receive, retain, redeem, sell or transfer any energy conservation credits, renewable energy certificates or credits, emissions credits, or energy reduction allowances earned or received by the commonwealth including but not limited to allowances awarded through the public benefit set-aside provisions of the NOx Allowance Trading Program implemented by the department of environmental protection.
(b) There shall be established upon the books of the commonwealth a separate fund to be known as the Department of Energy Resources Credit Trust Fund. There shall be credited to said fund all amounts received through the redemption or sale of such certificates, credits and allowances specified in this section 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 for activities of the department related to the development, oversight and implementation of programs for energy reliability, renewable energy, public procurement of energy and energy efficiency, and climate change. 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; provided however, that the fund shall not be in deficit at the end of any state fiscal 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 14 - Contracts for Energy Conservation Projects Costing One Hundred Thousands Dollars or Less; Additions to Monthly Utility Bills.

Section 14. (a) A state agency, building authority, local governmental body or the judiciary may contract for energy conservation projects that have a total project cost of $300,000 or less, directly and without further solicitation, with electric and gas utilities, their subcontractors and other providers of such energy conservation projects authorized under sections 19 and 21 of chapter 25 and section 11G. For the purposes of this section, ''energy conservation projects'' shall mean projects to promote energy conservation including, but not limited to: (i) energy conserving modification to windows and doors; (ii) caulking and weatherstripping; (iii) insulation; (iv) automatic energy control systems; (v) hot water systems; (vi) equipment required to operate variable steam, hydraulic and ventilating systems; (vii) plant and distribution system modifications; (viii) devices for modifying fuel openings; (ix) electrical or mechanical furnace ignition systems; (x) utility plant system conversions; (xi) replacement or modification of lighting fixtures; (xii) energy recovery systems; (xiii) on-site electrical generation equipment using new renewable energy generating sources as defined in section 11F; (xiv) decarbonization activities; and (xv) cogeneration systems.
(b) For purposes of this section, ''total project cost'' shall mean all construction costs of an energy conservation project, whether borne by the utility, agency, authority, body or the judiciary including, without limitation, the costs associated with equipment purchase and installation of such equipment. Ancillary services provided at no cost by utilities, such as auditing and design, shall not be considered part of project cost.
(c) A state agency, building authority, local governmental body or the judiciary may pay for such energy conservation projects through additions to their monthly utility bills.
(d) Sections 44A to 44M, inclusive, of chapter 149 and section 39M of chapter 30 shall not apply to contracts entered into under 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 15 - Contracts for Photovoltaic Projects Costing Less Than One Hundred Thousand Dollars.

Section 15. (a) For solar photovoltaic projects with a total project cost that is less than $100,000, a state agency, building authority or local governmental body may acquire photovoltaic panels and associated equipment for onsite use of the energy generated by these panels from contracts procured by the operational services division under section 22 of chapter 7 and sections 51 and 52 of chapter 30.
(b) For purposes of this section, ''total project cost'' shall mean all construction costs of a photovoltaic project, whether borne by the utility, agency, authority or body or other sources, including, without limitation, the costs associated with equipment purchase and installation of such equipment. Ancillary services provided at no cost, such as auditing and design, shall not be considered part of project cost.
(c) Sections 44A to 44M, inclusive, of chapter 149 and section 39M of chapter 30 shall not apply to contracts entered into under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25b - Massachusetts Appliance Efficiency Standards Act › Section 3 - Application of Chapter

Section 3. The provisions of this chapter shall apply to the testing, certification and enforcement of efficiency standards for lamps and the following types of new appliances sold, offered for sale or installed in the commonwealth:
(a) refrigerators, refrigerator-freezers and freezers which can be operated by alternating current electricity, excluding the following types: those designed to be used without doors; those which do not include a compressor and a condensor unit as an integral part of the cabinet assembly; refrigerators and refrigerator-freezers with total refrigerated volume exceeding thirty-nine cubic feet; top mounted refrigerator-freezers with total refrigerated volume less than sixteen and six-tenths cubic feet; and freezers with total refrigerated volume exceeding thirty cubic feet.
(b) storage type electric, gas and oil water heaters.
(c) fluorescent ballasts for F40T12 and F96T12 lamps.
(d) luminaires with fluorescent ballasts for F40T12 and F96T12 lamps.
(e) showerheads.
(f) medium voltage dry-type distribution transformers.
(g) metal halide lamp fixtures.
(h) residential furnaces or boilers.
(i) single-voltage external AC to DC power supplies.
(j) state-regulated incandescent reflector lamps.
(k) commercial hot-food holding cabinets.
(l) computers and computer monitors.
(m) state-regulated general service lamps.
(n) high CRI fluorescent lamps.
(o) plumbing fittings.
(p) plumbing fixtures.
(q) portable electric spas.
(r) water coolers.
(s) residential ventilating fans.
(t) commercial ovens.
(u) commercial dishwashers.
(v) commercial fryers.
(w) commercial steam cookers.
(x) spray sprinkler bodies.
(y) electric vehicle supply equipment.
The provisions of this chapter shall not apply to: new appliances or lamps manufactured in the commonwealth and sold outside the commonwealth; new appliances or lamps manufactured outside the commonwealth and sold at wholesale inside the commonwealth for final retail sale and installation outside the commonwealth; appliances or lamps installed in manufactured homes at the time of construction; or appliances or lamps designed expressly for installation and use in recreational vehicles.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25b - Massachusetts Appliance Efficiency Standards Act › Section 4 - Restrictions on Sale or Installation

Section 4. No new appliance covered by clauses (a) to (e), inclusive, of section 3 may be sold, offered for sale or installed in the commonwealth on or after January first, nineteen hundred and eighty-eight, unless the energy efficiency of the appliance meets or exceeds the standards established pursuant to this act.
No new lamp covered by clauses (a) to (e), inclusive, of section 3 shall be installed in the commonwealth in a building other than a residence on or after January first, nineteen hundred and ninety, unless the energy efficiency of the lamp meets or exceeds the standards established by the commissioner pursuant to this chapter. The commissioner may, through regulation, establish exemptions for certain lamps used for specified purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25b - Massachusetts Appliance Efficiency Standards Act › Section 6 - Testing Procedures

Section 6. The commissioner shall adopt procedures for testing the energy efficiency of the appliances and lamps covered by this chapter if such procedures are not provided for in any other applicable code regarding the testing of appliance efficiency. The commissioner shall use United States Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally recognized test methods applicable to the respective appliances and lamps. The manufacturer shall cause the testing of samples of each model of each appliance and lamp covered by this chapter in accordance with the test procedures adopted pursuant to this section or those specified in any other applicable code regarding the testing of appliance efficiency.
The commissioner may test products covered by section 3. If products so tested are found not to be in compliance with the minimum efficiency standards established under section 5, the commissioner shall: (1) charge the manufacturer of such product for the cost of product purchase and testing, and (2) provide information to the public on products found not to be in compliance with the standards.
In adopting test procedures for determining energy efficiency, the commissioner may consult with other appropriate department heads and may adopt updated test methods when new versions of test procedures become available.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25b - Massachusetts Appliance Efficiency Standards Act › Section 7 - Certification of Compliance; Labeling Products to Connote Compliance With Efficiency Requirements of Chapter

Section 7. Manufacturers of appliances and lamps covered by this chapter shall certify to the commissioner that such appliances and lamps are in compliance with the provisions of this chapter. The commissioner shall promulgate regulations governing the certification of appliances and lamps covered by this chapter and shall publish an annual list of such appliances and lamps. Manufacturers' certifications shall be based on test results. The commissioner shall coordinate with the certification programs of other states and federal agencies with similar standards to the maximum extent practicable, including investigating whether certification in another state can serve as a substitute for certification in the commonwealth. Single voltage external AC to DC power supplies shall be exempt from the requirements of this section.
Manufacturers of new products covered by section 3 shall identify each product offered for sale or installed in the state as in compliance with this chapter by means of a mark, label or tag on the product and packaging at the time of sale or installation. The commissioner shall promulgate regulations governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. The commissioner shall allow the use of existing marks, labels or tags which connote compliance with the efficiency requirements of this chapter. State regulated incandescent reflector lamps and metal halide lamp fixtures shall be exempt from the requirements of this paragraph. The commissioner, in consultation with other states, product manufacturers and other interested parties, shall study and evaluate the usefulness and effectiveness of such markings for incandescent reflector lamps and metal halide lamp fixtures.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25b - Massachusetts Appliance Efficiency Standards Act › Section 8 - Inspections of Distributors or Retailers; Violations; Penalties

Section 8. The commissioner may cause periodic inspections to be made of distributors or retailers of new appliances in order to determine compliance with this chapter. The commissioner may also work with the chairman of the board of building regulations and standards to coordinate inspections for new products that are also covered by the state building code. The commissioner shall cause investigations to be made of complaints received concerning violations of this chapter and shall report the results of such investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of this chapter.
Failure to comply with any of the provisions of this chapter shall constitute an unfair or deceptive act under the provisions of chapter ninety-three A. Any person who violates any provision of this chapter shall be punished by a civil penalty of not more than two hundred and fifty dollars or as provided in chapter ninety-three A, whichever is greater. Each violation of this chapter shall constitute a separate offense, and each day such violation continues shall constitute a separate offense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25b - Massachusetts Appliance Efficiency Standards Act › Section 9 - Superseding Federal Statutes, etc.; Duties of Commissioner; Withdrawal, Repeal or Otherwise Void of Superseding Federal Statutes, Etc.

Section 9. If the commissioner determines that a federal statute, rule or determination would supersede any requirement of this act, or if the commissioner is notified by the United States Department of Energy that a petition has been filed to supersede any requirement of this act, the commissioner shall determine (a) whether there is a substantial state or local need which is sufficient to justify the state requirement at issue, (b) whether the state requirement at issue does not unduly burden interstate commerce, and (c) whether the state requirement at issue contains a more stringent energy efficiency standard than a corresponding federal standard. If the commissioner determines that these criteria are met, the commissioner shall promptly petition the United States Department of Energy requesting a ruling that the state requirement at issue not be superseded, or shall promptly file with the United States Department of Energy a request that the petition to supersede be denied.
If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy pursuant to the Energy Policy and Conservation Act, 10 C.F.R. §§ 430–431, were withdrawn, repealed or otherwise voided between January 1, 2018, and January 21, 2021, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards shall be the previously applicable federal standards and no such product may be sold or offered for sale in the state unless it meets or exceeds such standards.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25b - Massachusetts Appliance Efficiency Standards Act › Section 10 - Study and Evaluation of Effectiveness of Energy Efficiency; Report and Recommendations on Efficiency Standards; Regulations

Section 10. The commissioner shall study and evaluate the effectiveness of energy efficiency in the commonwealth as well recommend new or increased efficiency standards. Such study and evaluation shall be conducted in consultation with interested parties. The commissioner shall file a report with the clerk of the house of representatives on or before September 1 of the year before each new legislative session, describing the timing, scope and findings of this study, and shall recommend to the general court new or increased efficiency standards, if these standards would serve to promote conservation in the commonwealth and would be cost-effective for the users, as a group, of the covered appliance. The clerk shall forward such report to the joint committee on telecommunications, utilities and energy of the general court.
The commissioner may adopt such further regulations as necessary to ensure the proper implementation and enforcement of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25c - Department of Telecommunications and Cable › Section 1 - Department of Telecommunications and Cable

Section 1. There shall be in the office of consumer affairs and business regulation a department of telecommunications and cable, in this chapter called the department, for the general supervision of telephone and telegraph companies subject to chapter 166 and community antenna television systems as defined in section 1 of chapter 166A and for the development of statewide policy with the Massachusetts Broadband Institute, established pursuant to section 6B of chapter 40J regarding advanced telecommunications capability within the commonwealth.
For the purposes of this chapter, ''advanced telecommunications capability'' shall mean high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics and video telecommunications using any technology, without regard to any transmission media or technology.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25c - Department of Telecommunications and Cable › Section 2 - Commissioner; Appointment; Duties

Section 2. The department shall be under the supervision and control of a commissioner who shall be appointed by the governor for a term coterminous with that of the governor, and who shall serve at the pleasure of the governor. The commissioner shall devote his full time to the duties of his office. The position of commissioner shall be classified in accordance with sections 45 and 46C of chapter 30.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25c - Department of Telecommunications and Cable › Section 3 - Performance of Duties by Commissioner; Pecuniary Interest in Regulated Industry Companies

Section 3. The commissioner shall be sworn to the faithful performance of his official duties. The commissioner shall not own, or be in the employ of, or own any stock in any regulated industry company, nor shall he 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. The 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, nor shall he directly or indirectly receive any commission, bonus, discount, present, or reward from any regulated industry company. For the purposes of this section, 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 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 25c - Department of Telecommunications and Cable › Section 4 - Supervision of Department; Presiding Officer

Section 4. The commissioner shall have and exercise supervision and control over all the affairs of the department. He shall preside at all hearings at which he is present, and shall designate an employee of the department to act as presiding officer in his absence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25c - Department of Telecommunications and Cable › Section 5 - Protection of Confidential and Proprietary Information During Proceedings

Section 5. Notwithstanding clause Twenty-sixth of section 7 of chapter 4 and section 10 of chapter 66, 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 commissioner shall adopt procedural regulations consistent with this section to implement this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25c - Department of Telecommunications and Cable › Section 6 - Division of Telecommunications

Section 6. There shall be in the department and under the supervision and control of the commissioner a division of telecommunications. The division, subject to such supervision and control, shall perform functions that the commissioner may determine in relation to the administration, implementation, and enforcement of the department's authority over the telecommunications industry, including, but not limited to, the authority granted by chapters 25, 30A, 159 and 166. The commissioner shall annually prepare and submit to the governor and the general court, on or before the first Wednesday of November, a report of the division's activity and of the condition of the telecommunications industry within the commonwealth during the preceding fiscal year, together with recommendations which the commissioner considers necessary or desirable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25c - Department of Telecommunications and Cable › Section 6a - Voiceover Internet Protocol Service and Internet Protocol Enabled Service; Regulation Prohibited

Section 6A. (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:—
''Internet Protocol enabled service'' or ''IP enabled service'', service, capability, functionality, or application provided using Internet Protocol, or any successor protocol, that enables an end user to send or receive a communication in Internet Protocol format or any successor format, regardless of technology; provided, however, that no service included within the definition of ''Voice over Internet Protocol service'' shall be included within this definition.
''Voiceover internet protocol service'' or ''VoIP Service'', service that: (1) enables real time, 2–way voice communications that originate from or terminate to the user's location in internet protocol or any successor protocol; (2) uses a broadband connection from the user's location; and (3) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
(b) Except as set forth in subsections (c) to (f), inclusive, and notwithstanding any other general or special law to the contrary, no department, agency, commission or political subdivision of the commonwealth, shall enact, adopt or enforce, either directly or indirectly, any law, rule, regulation, ordinance, standard, order or other provision having the force or effect of law that regulates or has the effect of regulating, the entry, rates, terms or conditions of VoIP Service or IP enabled service.
(c) Subsection (b) shall not be construed to affect the authority of the attorney general to apply and enforce chapter 93A or other consumer protection laws of general applicability.
(d) Subsection (b) shall not be construed to affect, mandate or prohibit the assessment of nondiscriminatory enhanced 911 fees or telecommunications relay service fees.
(e) Subsection (b) shall not be construed to modify or affect the rights or obligations of any carrier under sections 47 USC 251 or 47 USC 252.
(f) Subsection (b) shall not be construed to affect or modify any obligations for the provision of video service by any party under applicable law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25c - Department of Telecommunications and Cable › Section 7 - Assessments Against Cable Television, Telephone and Telegraph Companies; Rate; Collection

Section 7. The commissioner may make an assessment against each cable television, telephone and telegraph company under the jurisdictional control of the department, based upon the intrastate operating revenues subject to the jurisdiction of the department of each such company derived from sales within the commonwealth of cable television, telephone and telegraph service, respectively, as shown in the annual report of each company to the department. These assessments shall be made at a rate not exceeding 0.2 per cent of such intrastate operating revenues, as shall be determined and certified annually by the commissioner as sufficient to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the department, exclusive of the cost of fringe benefits as established by the secretary of administration and finance pursuant to section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave. The funds may be used to compensate consultants in hearings on petitions filed by companies subject to assessment under this section. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department and 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 25c - Department of Telecommunications and Cable › Section 8 - Lack of Jurisdiction Over Wireless Service; Affect on Related Regulatory and Enforcement Authority

Section 8. (a) Notwithstanding chapter 159 or any other general or special law to the contrary, the department shall have no jurisdiction, general supervision, regulation or control over wireless service, including mobile radio telephone service or radio utilities.
(b) Nothing in this section shall be construed to affect or modify:
(i) the authority of the attorney general to apply and enforce chapter 93A and other consumer protection laws of general applicability;
(ii) the authority of the department under sections 18B and 18H of chapter 6A concerning enhanced 911 service, under section 3 of chapter 40A, under section 15E of chapter 166 concerning telephone relay service and under 25A of chapter 166, concering pole attachments;
(iii) the rights and obligations of any carrier under 47 U.S.C. § 251 or 47 U.S.C. § 252;
(iv) the authority of the department to administer federal programs supported by the federal Universal Service Fund, including Lifeline and Link-up programs, the E-rate program or Connect America Fund;
(v) the obligations under state or federal law of a carrier classified as an incumbent local exchange carrier, as defined in 47 U.S.C. § 251(h), as of January 1, 2014; or
(vi) the authority of the department to receive and refer consumer complaints or to perform consumer education activities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 25c - Department of Telecommunications and Cable › Section 9 - Authority to Request and Obtain Information and Data From Providers of Advanced Telecommunications Capability; Identification of Areas That Lack Adequate Capability; Facilitation of Access

Section 9. Consistent with the policies of the Federal Communications Commission, the department shall have authority to request and obtain information and data from providers of advanced telecommunications capability as necessary to identify areas that lack adequate advanced telecommunications capability. Such information and data shall be used to inform work undertaken by the Massachusetts Broadband Institute, established pursuant to section 6B of chapter 40J, to facilitate access to and adoption of advanced telecommunications capability in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 1 - Department of Banking and Insurance; Divisions; Commissioners

Section 1. There shall be a department of banking and insurance consisting of a division of banks and loan agencies and a division of insurance. Each division shall be in charge of a commissioner who shall be known, respectively, as the commissioner of banks and the commissioner of insurance. The commissioners shall act as a board in all matters concerning the department as a whole.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 2 - Commissioner of Banks

Section 2. The commissioner shall be appointed by the governor to serve for a term coterminous with that of the governor. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salaries shall be determined in accordance with section forty-six C of said chapter thirty and he shall devote his full time during business hours to the duties of his office. He shall not be an officer of or directly or indirectly interested in any national bank or in any bank, trust company, corporation, business or occupation that requires his official supervision, and he shall not engage in any other business. He shall give bond with sureties in the sum of twenty thousand dollars, to be approved by the state treasurer, for the faithful performance of his duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 3 - Deputy Commissioner of Banks; Deputy Commissioner and General Counsel; Assistants; Expenses; Bonds

Section 3. Subject to the approval of the governor and council, the commissioner may appoint and remove a deputy commissioner, and a deputy commissioner and general counsel. In case of a vacancy in the office of the commissioner, and during his absence or disability, the deputy commissioner shall exercise and perform the powers and duties of the office of commissioner. In case of the absence or disability of the commissioner and the deputy commissioner, the deputy commissioner and general counsel shall exercise and perform the powers and duties of the office of commissioner. The commissioner may appoint and remove such assistants as the work of the division may require. He shall be allowed necessary expenses, including those for the investigation of, and prosecution for, violation of any provision of sections ninety-six to one hundred and fourteen, inclusive, of chapter one hundred and forty, and the actual expenses incurred by him and his subordinates in traveling in the performance of official duties. The assistants shall give bonds, with sureties to be approved by the commissioner, for the faithful performance of their duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 3a - Consumer Assistance Unit

Section 3A. (a) The division of banks shall maintain a consumer assistance unit. The unit may provide assistance in response to complaints involving any person or entity that the division has authority to regulate or in other areas as the commissioner deems appropriate, which may include, but shall not be limited to, complaints and requests for assistance involving state-chartered banks and credit unions, check cashers, foreign transmittal companies, sales finance companies, mortgage lenders, brokers, originators and student loan servicers.
(b) The unit shall share information with the student loan ombudsman to assist the student loan ombudsman in fulfilling the student loan ombudsman's duties under section 35 of chapter 12.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 4 - Supervisor of Loan Agencies

Section 4. The commissioner of banks, with the approval of the governor and council, may appoint and remove a deputy as supervisor of loan agencies, who shall give bond in the sum of five thousand dollars, with sufficient sureties, payable to and approved by the state treasurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 5a - Small Loans Regulatory Board

Section 5A. There shall be in the division but not subject to its control a board to be known as the small loans regulatory board, hereinafter called the board, to consist of the board of bank incorporation and two persons to be appointed by the governor with the advice and consent of the council, one of whom shall be a representative of organized labor. The terms of said two appointees of the governor shall run concurrently with the term of the governor. Members of the board, except elective or appointive officials of the state, shall be paid thirty-one dollars and seventy-five cents and expenses for each day spent in the performance of their duties, which, in the first instance, shall be paid by the commonwealth, but which shall be assessed against and collected from licensees under sections ninety-six to one hundred and thirteen, inclusive, of chapter one hundred and forty in proportion to the amount of loans coming within the purview of said sections which are shown as accounts receivable in the latest annual report filed with the commissioner by such licensees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 6 - Commissioner of Insurance

Section 6. Upon the expiration of the term of office of a commissioner, his successor shall be appointed by the governor for a term coterminous with that of the governor, and shall serve at the pleasure of the governor. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and shall devote full time during business hours to the duties of his office. He shall give bond with sureties in the sum of ten thousand dollars, to be approved by the state treasurer, for the faithful performance of his duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 7 - Deputies and Assistants in Division of Insurance; Appointments; Duties; Hearings; Appeals to Commissioner

Section 7. The commissioner of insurance may appoint and remove, with the approval of the governor and council, a first deputy, an actuary, a research analyst, and a chief examiner and such additional deputies, examiners, assistant actuaries and inspectors as the service may require. In case of a vacancy in the office of commissioner, and during his absence or disability, the first deputy shall perform the duties of the office, or in case of the absence or disability of such first deputy, the deputy who has been longest in the service of the division. The commissioner may appoint and remove such clerical and other assistants as the work of the division may require. Such deputies, research analyst, examiners, actuaries, inspectors, clerks and other assistants shall perform such duties as the commissioner may prescribe; provided, that any person aggrieved by any finding, ruling or decision rendered upon a hearing authorized by law held before a person other than the commissioner, may, within three days, or such further period in any particular case as the commissioner may allow, after the filing of such finding, ruling or decision in the office of the commissioner, appeal therefrom to the commissioner who shall review the case and may modify, affirm or reverse such ruling, finding or decision.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 7a - Health Care Access Bureau; Duties; Employees; Assessment Against Carriers

Section 7A. There shall be in the division of insurance a health care access bureau overseen by a deputy commissioner for health care access, whose duties shall include, subject to the direction of the commissioner of insurance, administration of the division's statutory and regulatory authority for oversight of the small group and individual health insurance market, oversight of affordable health plans, including coverage for young adults, as well as the dissemination of appropriate information to consumers about health insurance coverage and access to affordable products. The commissioner shall appoint at least the following employees of the health care access bureau: a deputy commissioner for health access, a health care finance expert, an actuary, and a research analyst. They shall devote their full time to the duties of their office, shall be exempt from chapters 30 and 31, and shall serve at the pleasure of the commissioner. The commissioner may appoint such other employees as the bureau may require.
The commissioner may make and collect an assessment against the carriers licensed under chapters 175, 176A, 176B and 176G to pay for the expenses of the bureau. The assessment shall be at a rate sufficient to produce $600,000 annually. In addition to that amount, the assessment shall include an amount to be credited to the General Fund which shall be equal to the total amount of funds estimated by the secretary for administration and finance to be expended from the General Fund for indirect and fringe benefit costs attributable to the personnel costs of the bureau. If the commissioner fails to expend for the costs and expenses of the bureau in a fiscal year the total amount of $600,000 for the purposes set forth in this section, any amount unexpended in that fiscal year 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 that unexpended amount. The assessment shall be allocated on a fair and reasonable basis among all carriers licensed under said chapters 175, 176A, 176B and 176G. The funds produced by the assessments shall be expended by the division, in addition to any other funds which may be appropriated, to assist in defraying the general operating expenses of the bureau, and may be used to compensate consultants retained by the bureau. A carrier licensed under said chapters 175, 176A, 176B and 176G shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 7b - Interdepartmental Service Agreement With Department of Revenue; Limitations on Transfer of Personal Information; Impact of Violations Upon Licensing of Entities to Provide Health Coverage

Section 7B. (a) For the purposes of implementing chapter 111M and section 8B of chapter 62C, the commissioner may consult with the department of revenue and may enter into an interdepartmental service agreement with the department that may include the transfer of information from statements and reports provided under said section 8B.
(b) Upon request, carriers licensed under chapters 175, 176A, 176B and 176G and the office of Medicaid shall make information available to the bureau for the purposes of chapter 111M. Such information shall be limited to the minimum amount of personal information necessary, shall not include information about diagnoses or treatments and, except for the office of Medicaid, shall not include social security numbers. The information acquired under this section shall be confidential and shall not constitute a public record.
(c) The division may consider violations of this section and said section 8B when licensing or authorizing entities to provide health coverage.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 8a - Board of Appeal on Motor Vehicle Liability Policies and Bonds

Section 8A. There shall be a board of appeal on motor vehicle liability policies and bonds serving in the division of insurance and consisting of the commissioner of insurance or his representative, the registrar of motor vehicles or a representative, and two assistant attorneys general to be designated from time to time by the attorney general. The commissioner of insurance may by a writing, in such form as he may prescribe, filed in his office, designate from time to time a representative to act in his place and the registrar of motor vehicles may in like manner designate from time to time a representative to act in his place. Any such designation may be revoked at any time and may run for such period as the designating officer may prescribe. The compensation of such a representative, if not an employee of the commonwealth, shall be fixed by the board, subject to the approval of the governor and council. The commissioner of insurance or his representative shall be the chairman of the board. With the approval of the governor and council, the board may appoint and remove a secretary and such clerical and other assistants as its work may require. The secretary so appointed shall be eligible to serve also as the representative of the commissioner of insurance, if designated as aforesaid. All expenditures incurred under this section shall be paid from the highway fund. The secretary shall keep a record of all proceedings before the board, and he and such clerical and other assistants shall perform such duties as the board may direct. Any member of the board shall have power to summon and compel the attendance and testimony of witnesses and the production of books, records and documents and may administer oaths. Sections nine and eleven of chapter two hundred and thirty-three shall apply to the board and witnesses summoned before it. The fees of witnesses before the board for attendance and travel shall be the same as for witnesses before a court in civil cases and need not be paid nor tendered to them prior to their attendance, and shall be paid by the commonwealth upon the certificate of the board or a member thereof filed with the comptroller. An office and a room for hearings shall be provided by the commonwealth, to be assigned by the governor and council. The board may hold hearings at any place within the commonwealth and the members and secretary thereof shall be allowed their necessary traveling and other expenses in holding hearings outside the city of Boston. The board, with the approval of the governor and council, may make and amend reasonable rules and regulations to expedite and regulate hearings and the procedure before it.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 26 - Department of Banking and Insurance › Section 8c - Assessments Against Licensed Insurers

Section 8C. The commissioner of insurance may make an assessment in each fiscal year against all licensed insurers in the commonwealth. Said assessments shall be made at a rate as shall be determined and certified annually by the commissioner as sufficient to produce revenue to reimburse the commonwealth for funds appropriated for the operation of the division of insurance, hereinafter called the division, less any revenues which were received by the commonwealth under the provisions of section eight B and section fourteen of chapter one hundred and seventy-five, but in no event shall said assessment exceed the sum of two million dollars. Three-fourths of the amount to be so assessed shall be made against all licensed domestic companies and foreign companies in proportion to their net premiums written and annuity considerations in the commonwealth as shown in the annual report of each of said insurers filed with the division; and, in addition, one-fourth of said amount shall be made against all licensed domestic companies in proportion to their net premiums written and annuity considerations as shown in the annual report of each of said insurers filed with the division.
Said assessment shall reimburse the commonwealth for funds appropriated for the prior fiscal year.
Assessments under this section shall be charged to the normal operating cost of each company.
For the purposes of this section, the term ''licensed insurer'' shall have the same meaning as the word ''company'' as defined in section one of chapter one hundred and seventy-five, and as the words ''fraternal-benefit society'' as defined in section one of chapter one hundred and seventy-six, and as the words ''non-profit hospital service corporation'' as defined in section one of chapter one hundred and seventy-six A, and as the words ''medical service corporation'' as defined by section one of chapter one hundred and seventy-six B.