reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 115 - Easy Ascertainment of Gas Meter Reading

Section 115. Meters for measuring gas supplied to consumers shall register the quantity of gas passing through them in cubic feet so that the number of cubic feet of gas consumed may be easily ascertained by the consumer thereof. No meter shall be used which may confuse or deceive the consumer in ascertaining the price he pays per thousand cubic feet or the number of cubic feet consumed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 115a - Replacement of Gas Meters

Section 115A. Each meter for measuring gas provided by a gas company or municipal lighting plant to a consumer shall, not later than seven years from the date of installation or replacement, be removed by the company or municipal lighting plant from the premises of the consumer and replaced by it with such a meter which has been newly tested, sealed and stamped in accordance with law.
Any gas company or municipal lighting plant which violates any provision of this section, unless in the opinion of the department such violation is due to unavoidable cause, accident or lack of materials, shall forfeit five dollars for each meter which is not removed and replaced as provided herein. Forfeitures incurred under this section shall not be included as expenses in connection with the establishment of rates by said companies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 116 - Entry on Premises to Examine and Maintain Gas or Electric Meters

Section 116. An officer or servant of a gas or electric company who is duly authorized in writing by the president, treasurer, agent or secretary or municipal lighting plant manager of said company and who displays on his outer garment a suitable badge bearing his photograph, issued to him by his employer, identifying him as such officer or servant, may at any reasonable time enter any premises supplied with gas or electricity by such company for the purpose of examining or removing the meters, pipes, wires, fittings and works for supplying or regulating the supply of gas or electricity and of ascertaining the quantity of gas or electricity consumed or supplied; and if any person, directly or indirectly, prevents or hinders such officer or servant from so entering such premises or from making such examination or removal, the gas or electric company employing such officer or servant may make complaint to any court or magistrate authorized to issue criminal process, who may thereupon issue a warrant directed to the sheriff or to any of his deputies, or to a constable of the town where such company is located, commanding him to take sufficient aid and repair to said premises accompanied by a duly authorized officer or servant, who shall examine such meters, pipes, wires, fittings and works for supplying or regulating the supply of gas or electricity, and ascertain the quantity of gas or electricity consumed or supplied therein, and shall, if required, remove any meters, pipes, wires, fittings and works belonging to said company. A gas or electric company may direct a duly authorized employee to restore meters, pipes, wires, fittings, works or service, consistent with the local bargaining agreement entered into by the company and the local bargaining unit to which the employee belongs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 116a - Disconnection of Services in Case of Fire, Explosion or Other Disaster

Section 116A. In the event of a fire, explosion or other disaster, fire fighters and police officers shall permit any officer or servant of a gas or electric company who is duly authorized and displays an identification badge, as provided in section one hundred and sixteen, to enter any area or building in order to shut off the gas or electricity, which is or may become a source of danger to the public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 116b - Gas Company to Provide Maintenance and Improvement of Gate Boxes During Street, Sidewalk or Road Repair; Application for Assistance

Section 116B. Whenever the commonwealth or a city or town undertakes the repair of streets, roads or sidewalks the appropriate gas company shall provide for the maintenance and improvements of its gate boxes located in the streets, roads or sidewalks to be repaired, so that the gate boxes are more easily and immediately accessible. A gas company may apply for funds under chapter 90 to assist in paying the costs of the maintenance and improvement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 117 - Written Statement of Amount Recorded Given by Meter Reader

Section 117. When a gas or electric meter in a building owned or used by a customer of a gas or electric company is read by an employee or agent of such company, he shall, upon request, deliver to the person using the gas or electricity measured by the meter a written statement of the amount recorded by the meter at that time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 118 - Easy Ascertainment of Electric Meter Reading

Section 118. Meters for measuring electricity for lighting purposes supplied to consumers shall register the quantity of electricity passing through them in kilowatt hours, so that the number of kilowatt hours consumed may easily be ascertained by the consumer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 119 - Meter Rentals

Section 119. No charge for the use of a meter or for other similar purpose covering any portion of twelve consecutive months in connection with the supply of gas or electricity for domestic use only shall be made by a corporation, other than a municipality, furnishing the same, in addition to the charge for the gas or electricity delivered, if the consumer during such time uses electricity to the value of nine dollars or gas to the value of seven dollars; provided that, subject to the approval of the department, rates may be graduated according to the quantities of gas or electricity used, and, subject to like approval, such a charge may be made to customers furnished gas or electricity seasonally or under promotional rates or room or area rates. Whoever makes a charge contrary to this section shall be punished by a fine of not more than one hundred dollars. This section shall not apply to charges for sale or rental of appliances.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 119a - Itemized Statement of Quantity of Gas, Electricity or Fuel Used at Each of Several Rates

Section 119A. When a consumer is charged for gas or electricity at several rates according to the quantity used, his bill, to the extent that the gas or electricity is used for domestic purposes, shall be so itemized as to show the quantity charged for at each rate, and where the use is for other than domestic purposes such detail shall be furnished by the company on request of the consumer, and the bill shall contain a statement to this effect. All fuel charges imposed by electric companies pursuant to section ninety-four G shall be itemized separately on all bills to customers.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 120 - Testing Electric Meters in Use; Cost of Test

Section 120. A customer of a corporation subject to this chapter, or such corporation, may apply to the department for an examination and test of any electric meter, demand indicator, so called, and any other device or appliance installed by such corporation upon a customer's premises and used by such corporation to determine the charge to the customer for its service. The department shall forthwith cause such examination and test as in its judgment is practicable and reasonable to be made by a competent and disinterested person, and shall furnish to the corporation and to the customer a certificate of the result and expense thereof. If, upon such examination and test, it appears that the appliance does not register correctly, the department may order the corporation to correct or remove such meter, demand indicator or other device or appliance and to substitute a correct meter, demand indicator or other device or appliance therefor. All fees for examinations and tests shall in the first instance be paid by the person or corporation making application therefor; but if the examination or test is made at the request of a customer, and the meter is found to be incorrect because too fast, the corporation shall pay such fees to the department, to be repaid by it to the applicant. A meter shall be deemed correct for the purposes of this section if it appears from such examination or test that it does not vary more than two per cent from the standard approved by the department. This section shall not authorize or prohibit differential prices for electricity supplied by any such company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 121 - Entry Upon Premises to Make Test; Compensation of Person Making Test; Rules and Regulations

Section 121. The person designated to make such examination and test may at any reasonable time enter upon the premises where the meter to be inspected is placed for the purpose of making the inspection. He shall receive such compensation for his services as the department may determine, together with his necessary traveling and other expenses, which shall be audited by the department and paid by the commonwealth; but the total amount of compensation and expenses shall not exceed three thousand dollars in any year; and if the total amount of such compensation and expenses shall in any year exceed the amount of the fees received for such examinations and tests, the excess shall be assessed and recovered from the electric companies in the manner now provided for the assessment and recovery of the other expenses of the department. The department may establish such rules and regulations, fix such standards, prescribe such fees, and employ such means and methods in, and in connection with, such examinations and tests of electric meters as it deems most practicable, expedient and economical. The department may purchase such materials, apparatus and standard measuring instruments for such examinations and tests as it deems necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 122 - Use of Incorrect Meter; Refund

Section 122. Whoever, being engaged in the sale of electricity, maintains upon the premises of a customer for the purpose of determining the charge to be made for electricity supplied to him a meter, demand indicator or other mechanical device or appliance which is found upon examination and test, as provided in section one hundred and twenty, to register incorrectly as against such customer, shall refund to him such an amount as, if not agreed upon, shall, upon application of the customer and after opportunity given to the vendor to be heard, be determined by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124 - Entry of Premises to Stop Gas or Electricity

Section 124. Except as otherwise provided in this chapter, a gas or electric company may stop gas or electricity from entering the premises of any person failing to pay the amount due therefor or for the use of the meter or instrument necessary to measure supply of service; and for such purpose, the officers, servants or workmen thereof may, after three days' notice by mail, exclusive of Saturdays, Sundays and legal holidays, enter his premises between the hours of eight in the forenoon and four in the afternoon and separate and take away such meter or other property of the company, and may disconnect any meter, pipe, wires, fittings or other works, whether they are property of the company or not, from its mains, pipes or wires. In the event a person is being serviced by gas or electricity at two or more premises at the same time, a gas or electric company may enter only those premises to which the unpaid amount relates.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124a - Shutting Off or Failing to Restore Service During Serious Illness

Section 124A. No gas or electric company shall shut off or fail to restore gas or electric service in any residence during such time as there is a serious illness therein; provided, however, that a registered physician or the local board of health certifies in writing to the company that such serious illness exists; and provided, further, that the customer cannot afford to pay any overdue bill because of a financial hardship. Any such certification by a registered physician or local board of health shall be effective unless and until found invalid, after review, by the department. The department may promulgate such rules and regulations consistent with this section as it deems reasonable and necessary to carry out the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124b - Shutting Off Gas or Electric Service for Failure to Pay for Appliances; Prohibition

Section 124B. No gas or electric company shall shut off gas or electric service in any home for the reason that a person has failed to pay for an appliance purchased from such company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124c - Nursing Homes, Homes for the Aged, Convalescent Homes, and Hospitals; Shutting Off Gas or Electric Service

Section 124C. No gas or electric utility intending to shut off gas or electricity in any licensed nursing home, home for the aged, convalescent home or hospital, shall do so without first giving fourteen days' notice in writing to the customer and to the department. Such utility may thereafter shut off such service only upon such terms and conditions as may be determined by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124e - Termination of Gas and Electric Service; Households With Residents 65 or Older

Section 124E. No gas or electric company shall shut off gas or electric service to any household in which all residents are sixty-five years of age or older, for failure to pay an outstanding indebtedness for said service without first complying with all rules and regulations of the department related thereto.
The department shall promulgate such rules and regulations as are necessary to ensure that termination of service shall be authorized only after said company has complied with such reasonable methods of collection as may be approved by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124f - Shutting Off Service During Financial Hardship

Section 124F. No gas or electric company shall between November fifteenth and March fifteenth shut off gas or electric service to any residential customer who cannot pay an overdue charge because of financial hardship, when such gas or electric service is used to provide heat or to operate the heating system of the customer's unit or building. The department may promulgate such rules and regulations consistent with this section as it deems reasonable and necessary to implement the provision of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124g - Restoration of Service Upon Payment

Section 124G. No gas or electric company which shuts off gas or electric service of a residential customer in compliance with the provisions of this chapter shall, upon receipt of full payment or such partial payment as such company deems satisfactory by such customer, fail to restore full and complete service.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124h - Shutting Off Service in Residence Where Infant Domiciled

Section 124H. No gas or electric company shall shut off gas or electric service in any residence in which there is domiciled a person under the age of twelve months provided that the customer cannot afford to pay any overdue bill because of financial hardship. The department may promulgate such rules and regulations consistent with this section as it deems reasonable and necessary to implement the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 124i - Penalties

Section 124I. Any company found by the department to have wilfully violated sections one hundred and twenty-four A to one hundred and twenty-four H, inclusive, shall be assessed a penalty after a hearing by the department, in an amount not to exceed one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 125 - Refusal to Supply Because of Default of Previous Occupant

Section 125. A gas or electric company shall not refuse to supply gas or electricity for any building or premises to a person applying therefor who is not in arrears to it for any gas or electricity previously supplied to him, because a bill for gas or electricity remains unpaid by a previous occupant of such building or premises.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 125a - Supply to Commonwealth or Municipality After Expiration of Contract; Price

Section 125A. A gas or electric company, generation company, wholesale generation company, or supplier which has been furnishing gas or electricity to the commonwealth or any political subdivision thereof, under a contract that has expired may, until a new contract for supplying gas or electricity to the commonwealth or such political subdivision has lawfully been made, continue to furnish the same to the commonwealth or such political subdivision, notwithstanding any provision of general or special law, city or town charter, or of any ordinance or by-law regulating the making of such contracts. The price, which the commonwealth or such political subdivision shall be liable in contract to pay for gas or electricity so furnished, shall be in accordance with the terms of such expired contract or a schedule of rates filed under section ninety-four or as ordered by the department under the provisions of section ninety-three.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 126 - Wilful Injury or Interference With Gas Meter or Other Property; Penalty; Prima Facie Evidence

Section 126. Whoever wilfully or fraudulently injures, disconnects, removes or otherwise interferes with, or suffers to be injured, disconnected, removed or otherwise interfered with, any meter, pipes or fittings belonging to a gas company or to any person, or prevents a meter from duly registering the quantity of gas supplied through the same, or in any way hinders or interferes with its proper action of just registration, or fraudulently burns or wastes the gas of such company or of any person, or whoever attaches a pipe or any appliance to a main or pipe belonging to a gas company, or, without the written consent of such company, uses or causes to be used any gas supplied by such company, unless the same passes through a meter set by the company, or uses or causes to be used, any gas charge to any person without his written consent, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
The existence of any of the conditions with reference to meters or attachments described in this section shall be prima facie evidence that a firm, corporation or other business entity, commercial or industrial, to whom such gas is, at the time, being furnished by or through such meters or attachments has, with intent to defraud, created or caused to be created with reference to such meters or attachments, the condition so existing; provided, however, that nothing in this paragraph shall be construed to limit the introduction of any other competent evidence bearing upon the question of whether or not the defendant was responsible for the acts alleged to have been committed; provided, further, that the prima facie evidence referred to in this paragraph shall not apply to a residential customer; provided, further, that the prima facie evidence referred to in this paragraph shall not apply to any firm, corporation or other business entity, commercial or industrial, so furnished with gas for less than thirty-one days or until there has been at least one meter reading, whichever first occurs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 126a - Impersonating an Officer or Servant of a Gas or Electric Company; Penalties

Section 126A. Whoever falsely assumes, pretends to be or holds himself out as an officer or servant of a gas or electric company for the purpose of gaining access to any premises shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than one thousand dollars, or both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 127 - Intentional Injury to Electric Meter or Other Property; Penalty; Prima Facie Evidence

Section 127. Whoever unlawfully and with intent to avoid payment by himself or another person for a prospective or previously rendered service the charge or compensation for which is measured by a meter or other mechanical device injures or destroys, or suffers to be injured or destroyed, any meter, pipe, conduit, wire, line, pole, lamp or other apparatus belonging to a corporation engaged in the manufacture or sale of electricity or to any person, or whoever unlawfully and with intent to avoid payment by himself or another person for a prospective or previously rendered service prevents an electric meter from duly registering the quantity of electricity supplied, or in any way interferes with its proper action or just registration, or, without the consent of such corporation or person, unlawfully and intentionally diverts or suffers to be diverted any electrical current from any wire of such corporation or person, or otherwise unlawfully and intentionally uses or causes to be used, without the consent of such corporation or person, any electricity manufactured or distributed by such corporation, or charged to such person, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
The existence of any of the conditions with reference to meters or attachments described in this section shall be prima facie evidence that a firm, corporation or other business entity, commercial or industrial, to whom such electricity is, at the time, being furnished by or through such meters or attachments has, with intent to defraud, created or caused to be created with reference to such meters or attachments, the condition so existing; provided, however, that nothing in this paragraph shall be construed to limit the introduction of any other competent evidence bearing upon the question of whether or not the defendant was responsible for the acts alleged to have been committed; provided, further, that the prima facie evidence referred to in this paragraph shall not apply to a residential customer; provided, further, that the prima facie evidence referred to in this paragraph shall not apply to any firm, corporation or other business entity, commercial or industrial, so furnished with electricity for less than thirty-one days or until there has been at least one meter reading, whichever first occurs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 127a - Destruction of or Tampering With, Electric or Gas Lines, Meters, etc.; Theft of Electricity or Gas

Section 127A. Whoever unlawfully and intentionally injures or destroys, or suffers to be injured or destroyed, any meter, pipe, conduit, wire, line, pole, lamp or other apparatus belonging to a corporation, including municipal corporations which own municipal lighting plants engaged in the manufacture or sale of electricity or gas or to any person, or unlawfully and intentionally prevents an electric or gas meter from duly registering the quantity of electricity or gas supplied, or in any way interferes with its proper action or just registration, or, without the consent of such corporation or person, unlawfully and intentionally diverts or suffers to be diverted any electric current from any wire or gas from any pipe of such corporation or person, or otherwise unlawfully and intentionally uses or causes to be used, without the consent of such corporation or person, any electricity or gas manufactured or distributed by such corporation, or charged to such person shall be liable to such corporation or person for triple the amount of damages sustained thereby or one thousand dollars whichever is greater. Damages shall include the value of the electricity or gas used and the cost of equipment repair and replacement. Any damages assessed under the provisions of this section in excess of the actual damages sustained by the corporation or person manufacturing, distributing or selling such electricity or gas shall be paid to the commonwealth; provided, however, that if a municipal lighting plant brings an action pursuant to this section such damages in excess of the actual damages shall be paid to such municipal lighting plant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 128 - Guaranty Fund; Payment of Interest, Application to Charges and Tolls; Annual Return Statement; Violations; Penalty

Section 128. A corporation which has a franchise in and the use of the public streets of a town for the supply and distribution or only distribution, of gas, water, electric light or power, and which holds for a longer period than six months money which is collected in advance from its customers to guarantee it against loss of charges or tolls, shall pay annually upon said guaranty fund interest at a rate fixed from time to time by the department to the depositors thereof, which shall be applied to the payment of charges and tolls by said depositors. The annual return required of such corporation by section one hundred and nine of chapter one hundred and fifty-six B shall also include a statement of all money, and of the value of any collateral, so held as a guaranty for the payment of charges or tolls, specifying the amounts so deposited by the inhabitants of each town. If such corporation fails or neglects to include such information in such return or fails, neglects or refuses to pay such interest it shall be punished by a fine of not less than one hundred nor more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 129 - Definitions Applicable to Secs. 130 to 132

Section 129. The following words, as used in sections one hundred and thirty to one hundred and thirty-two, inclusive, unless the context otherwise requires, or a different meaning is specifically prescribed, shall have the following meanings:—
''Commissioner'', the commissioner of insurance.
''Fund balance'', a minimum of two hundred and fifty thousand dollars or a lesser or greater amount approved by the commissioner.
''Municipal light board'', a municipal light board or commission, municipal gas and electric commission or similar body in a city or town having a municipal light board, gas and electric commission or similar body; the mayor or city manager as the case may be, of a city having no municipal light board, municipal gas and electric commission or similar body; or the selectmen of a town having no municipal light board, municipal gas and electric commission or similar body.
''Municipal electric department'', an electric department or lighting plant of a city or town, which department or plant is subject to the provisions of this chapter, or a municipally or consumer-owned electric utility outside the commonwealth. Except as otherwise specifically provided, a Massachusetts municipal electric department may exercise any of its powers or authority granted in sections one hundred and twenty-nine to one hundred and thirty-two, inclusive, through its municipal light board.
''Municipal Electric Department Self-insurance Trust Fund'' or ''Fund'', a trust fund established in accordance with the provisions of section one hundred and twenty-nine to one hundred and thirty-two, inclusive, to provide insurance to a group of two or more participating municipal electric departments.
''Insurance'', formal self-insurance or commercial insurance or a combination thereof, covering risks including, without limiting the generality of the foregoing, general liability, directors and officers, and fire insurance. Insurance shall include all layers of coverage, on either a claims made or occurrence basis and reinsurance.
''Participant'', a municipal electric department that is a member of a fund, in accordance with section one hundred and thirty, and has accepted the benefits and detriments of sections one hundred and twenty-nine to one hundred and thirty-two, inclusive;
''Trustee'', the trustee of a fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 130 - Establishment of Fund; Filing and Recording of Trust Instrument; Trustee; Dissolution of Fund

Section 130. A municipal electric department is hereby authorized, upon a vote of its municipal light board, to participate in a fund and obligate itself, solely from its revenues and as an expense of such department, to pay actuarially-sound premiums or such other reasonable premiums as may be mutually agreed upon.
A group of two or more participants shall have the power to establish a fund under the provisions of sections one hundred and twenty-nine to one hundred and thirty-two, inclusive. Said fund shall be deemed established upon the execution of a trust instrument by the initial participants containing such reasonable provisions, not inconsistent with the provisions of said section one hundred and twenty-nine to one hundred and thirty-two, inclusive, as the parties may agree upon, and establishment of a fund balance.
Participants shall file the trust instrument establishing a fund with the commissioner within sixty days of the execution of such instrument. The commissioner shall record such trust instrument in a book to be kept for that purpose, which shall be kept in an accessible location in the office of the commissioner.
The coverage provisions of any insurance contract issued by a fund under its trust instrument shall not become effective to provide coverage until the fund is filed in accordance with the provisions of this section, although the fund may require and accept payment of premiums prior to such filing.
A fund shall appoint a trustee, who shall be either a manager of a municipal electric department or a member of a municipal light board. The trustee shall serve for the term provided in the trust instrument and may be removed as provided therein.
Participants desiring to dissolve a fund may petition the supreme judicial court for voluntary dissolution or may dissolve as otherwise provided for in the trust instrument. The court may authorize such dissolution and may, upon such authorization, distribute the petitioner's assets in a manner consistent with the fund's legal obligations.
The commissioner may petition the supreme judicial court for involuntary dissolution of any fund, if such fund has not filed for two consecutive years an annual statement in accordance with section one hundred and thirty-one, or if the commissioner is satisfied that the fund is inactive and its continued existence is not in the public interest. Upon authorizing such dissolution, the court shall distribute all fund assets in accordance with the fund's legal obligations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 131 - Powers and Duties of Fund and Trustee; Financial Statement; Amount of Fund; Authorized Trust Instrument Provisions; Amendments; Consolidation or Merger of Fund; Taxation

Section 131. A fund and the trustee shall have the rights and be subject to the legal responsibilities and obligations applicable to trusts and trustees under the General Laws, except to the extent such rights, obligations and responsibilities are in conflict with this chapter.
The fund shall annually on or before April first file with the commissioner a statement showing its financial condition as of December thirty-first of the prior year.
A fund may be established with a minimum amount of two hundred and fifty thousand dollars. Upon the petition of a trustee, the commissioner may approve such greater or lesser amount.
The trustee of a fund shall notify the commissioner of any amendment to its trust instrument within sixty days of making such amendment.
The trust instrument may provide (a) that there shall be a minimum period during which any participant must participate in the fund; (b) the fund may provide coverage to any participant which joins and later withdraws from the fund; (c) that all participants shall execute a participation agreement; (d) that the fund indemnify the trustees from all liability for his actions in good faith on behalf of the fund; and (e) such other reasonable terms and conditions as the participants may agree upon that are consistent with the authority granted under sections one hundred and twenty-nine to one hundred and thirty-two, inclusive.
A fund may consolidate or merge with any other fund. Upon such merger or consolidation, the trustee of such funds shall notify the commissioner.
Any participant shall be considered to have insurance equivalent to commercial insurance, to the extent of limits of coverage provided by the fund, for the purposes of the requirements of insurance or commercial insurance contained in any law or any bonds, notes, mortgages, or any other agreements to which that participant is a party.
No money or any other assets in any fund shall be liable to attachment, trustee process, equitable lien or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of any legal person except as provided in sections one hundred and twenty-nine to one hundred and thirty-two, inclusive, or in the trust instrument governing the fund.
The fund shall not be required to pay any taxes upon its income or existence and shall at all times be exempt from taxation within the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 132 - Exemption of Trust Fund From Certain Insurance Laws

Section 132. A fund shall be exempt from the provisions of this chapter, except as provided in sections one hundred and twenty-nine to one hundred and thirty-two, inclusive, chapter one hundred and seventy-four A, one hundred and seventy-four B, one hundred and seventy-five, one hundred and seventy-five A, one hundred and seventy-five C, one hundred and seventy-five E, one hundred and seventy-five F, one hundred and seventy-six, one hundred and seventy-six A, one hundred and seventy-six C, one hundred and seventy-six E, one hundred and seventy-six F, one hundred and seventy-six G, one hundred and eighty-two, and from the provisions of any other statute relating to insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 133 - Emergency Mutual Aid

Section 133. As used in this section the following words shall have the following meanings:—
''Assistance'', all acts of an assisting utility conducted for or on behalf of a requesting utility.
''Domestic utility'', an electric or gas company as defined by section one, and including municipal corporations which own or may acquire municipal lighting or gas plants.
''Emergency mutual aid'', acts and assistance provided to or by a domestic or foreign utility experiencing or anticipating interruptions in service to its customers or other system emergencies, to be determined in the case of a municipal lighting or gas plant by the manager of such plant. Such acts or assistance shall be accepted or provided within a reasonable amount of time from the occurrence or anticipation of such interruptions or system emergencies.
''Foreign utility'', any utility other than a domestic utility.
Notwithstanding any contrary provision of law relating to the corporate powers and authority of a domestic utility or any limitation imposed by a corporate or municipal charter, a foreign or domestic utility shall have the power to request from and provide emergency mutual aid to other domestic and foreign utilities; and to enter into such agreements, regarding the reimbursement of expenses and other related matters and perform such other acts as are deemed reasonably necessary or desirable to request and provide such emergency mutual aid for the amount of time as reasonably necessary to restore or prevent interruption of service or to address the system emergency.
No domestic utility shall be exempt from or lose the benefits of any applicable laws of the commonwealth solely by reason of requesting or providing emergency mutual aid.
Any law, municipal by-law or ordinance relating to the methods of entering into contracts and contracts awarded by municipal corporations for construction, reconstruction, alteration, remodeling, repair, demolition, equipment, supplies or materials shall not be applicable to said acceptance or provision of emergency mutual aid as set forth herein.
A foreign utility shall not become subject to the regulatory laws of the commonwealth solely by requesting or providing assistance in the commonwealth.
Nothing in this section shall be deemed to affect, supplant or in any way diminish the existing authority of the department in the administration of the provisions of this chapter.
Nothing in this section shall be construed to affect, supplant, or diminish in any way the powers and authorities of the energy facilities siting council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 135 - Corporate Retail Load Aggregators

Section 135. Any for-profit corporation, non-profit corporation, or quasi-public authority, organized pursuant to the laws of the commonwealth, is hereby authorized to establish a corporate retail load aggregator for the purpose of purchasing bulk electricity to serve affiliated corporations or affiliated business units organized pursuant to the laws of the commonwealth which are not sited within the boundaries of a municipal light department within the commonwealth. A corporate retail load aggregator shall be authorized (i) to purchase electricity from any entity authorized to sell electricity; (ii) to sell electricity at retail to any corporate affiliate or business unit located outside of the boundaries of communities served by municipal light departments within the commonwealth; and (iii) to enter into such contracts and agreements as are necessary or appropriate to provide such service. A corporate retail load aggregator shall be prohibited from engaging in the generation of electric power and from owning or operating any facilities for the transmission or distribution of electric power, with the exception of meters.
A corporation may establish a corporate retail load aggregator upon authorization by a majority vote of its board of directors. After a corporation has voted to establish a corporate retail load aggregator, the secretary of the corporation shall forthwith transmit to the department a certified copy thereof. A corporation that has established a corporate retail load aggregator shall appoint, by a majority vote of its board of directors or, as the case may be, a manager or a managing board of the corporate retail load aggregator. Such manager or managing board shall have full charge of the operation and management of the corporate retail load aggregator; the entry into contracts and agreements pursuant to which power will be purchased and sold; the employment of attorneys, agents, and servants; the collection of bills; and the keeping of accounts. At the discretion of the corporation, corporate officials may serve as such manager or on such managing board. The compensation and term of office of such manager or managing board shall be fixed by the corporation.
Nothing in this section shall be construed as relieving any company which provides generation, transmission, or distribution of electricity or any combination thereof, from any obligation relative to the transmission and distribution of electricity to the corporation forming a corporate retail load aggregator.
Corporate load aggregators shall be subject to any rules and regulations promulgated by the department through existing statute or amendments thereto, including licensure requirements.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 137 - Participation in Group Purchasing of Electricity, Natural Gas, Telecommunications Services or Similar Products

Section 137. Notwithstanding any general or special law to the contrary, (i) any non-profit institution in the commonwealth or any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, including the executive, legislative and judicial branches of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, may, unless located within the boundaries of a community served by a municipal light department, participate in and become a member of any competitively procured program organized and administered, under this chapter, by or on behalf of any public instrumentality of the commonwealth or of any subsidiary organization thereof for the purpose of group purchasing of electricity, natural gas, telecommunications services or similar products; (ii) the disposition of municipal or state real property by lease, easement or license for renewable energy shall not require competitive bidding when part of a power purchase agreement or a net metering agreement in a program organized and administered under this section; (iii) any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, including the executive, legislative and judicial branches of the commonwealth, may, on behalf of the commonwealth, dispose of real property, by lease, easement or license, which is part of a power purchase agreement or net metering agreement in a program organized and administered under this section, including, but not limited to, construction of renewable energy projects on state property; and (iv) any renewable energy project which is part of a power purchase agreement or net metering agreement in a program organized and administered under this section and considered to be public construction shall be subject to sections 26 to 27D, inclusive, of chapter 149.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 164 - Manufacture and Sale of Gas and Electricity › Section 139a - Small Hydroelectric Power Net Metering Facilities Program

Section 139A. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:—
''Small hydroelectric power net metering facility'', a facility with a nameplate capacity of 2 megawatts or less, using water to generate electricity that is connected to a distribution company.
''Small hydro tariff'', the default service kilowatt-hour rate of the local distribution company as defined in section 1 that receives electricity from a small hydropower facility or an anaerobic digestion net metering facility.
(b) Notwithstanding any general or special law to the contrary, the department may require the electric distribution companies to amend the net metering tariff to create a program for small hydroelectric power net metering facilities in the commonwealth. An electric distribution company shall pay a small hydroelectric power net metering facility monthly for electricity it received from the facility based on the kilowatt hours of electricity that the distribution company received from the facility multiplied by the small hydro tariff. A participating small hydroelectric net metering facility shall notify a distribution company that it intends to deliver electricity pursuant to the small hydro tariff program and shall comply with the distribution company's applicable reporting and interconnection requirements; provided, however that no more than 60 megawatts of small hydroelectric power aggregate capacity statewide shall be permitted to participate in the small hydroelectric power tariff program. The department shall determine an appropriate and proportionate method of allocating costs of small hydropower facilities to ensure that the costs of the program are shared collectively among all ratepayers of the distribution companies.