There is a newer version of the Massachusetts General Laws
2006 Massachusetts Code - CHAPTER 164. — MANUFACTURE AND SALE OF GAS AND ELECTRICITY.
- Section 1. Definitions.
- Section 1A. Retail access to generation services and choice of suppliers;electric company restructuring; divestment.
- Section 1B. Service territories for distribution companies; rates.
- Section 1C. Separation of affiliates of electric companies.
- Section 1D. Electric and gas bills; separation of charges.
- Section 1E. Performance based rates; service quality standards; damageclaims.
- Section 1F. Consumer protections; rules and regulations.
- Section 1G. Transition costs and charges.
- Section 1H. Financing orders to facilitate transition costs; issuance ofbonds; security interests; statutory lien.
- Section 2. Construction.
- Chapter 164 — Section 3. Corporations governed by chapter.
- Chapter 164 — Section 4. Application of chapter 156B.
- Chapter 164 — Section 4A. State secretary; examination; approval; recording and public inspection ofdocuments; enforcement of law.
- Chapter 164 — Section 5. Formation; certification by state secretary.
- Chapter 164 — Section 5A. Name; restrictions; injunctive relief.
- Chapter 164 — Section 6. Articles of organization; contents.
- Chapter 164 — Section 7. Repealed, 1973, 860, Sec. 6.
- Chapter 164 — Section 8. Amendment of articles of organization; changes in capital stock orcorporate name.
- Chapter 164 — Section 8A. Amendment of articles of organization; change in business authorized orany other change.
- Chapter 164 — Section 8B. Articles of amendment; submission to state secretary; effective date;filing.
- Chapter 164 — Section 8C. Restatement of articles of organization; adoption; submissionto state secretary; filing; effective date.
- Chapter 164 — Section 8D. Confirmation of organization or subsequent proceedings; certificate;submission to state secretary; effective date.
- Chapter 164 — Section 9. Hydro-electric plants; issue of preferred stock and bonds; acquisition ofstorage reservoir.
- Chapter 164 — Section 9A. Electric companies providing electricity to other companies; ownership ofstock.
- Chapter 164 — Section 10. Issuance of capital stock; notification of department.
- Chapter 164 — Section 11. Payment of price of share.
- Chapter 164 — Section 12. Improper issue of stock or scrip certificates; effect; penalty.
- Chapter 164 — Section 12A. Convertible debentures.
- Chapter 164 — Section 13. Mortgage of property.
- Chapter 164 — Section 13A. Issuance and pledge of bonds secured by prior liens.
- Chapter 164 — Section 14. Proceedings to determine necessity of issue of stock, bonds, coupon notesor other evidences of indebtedness.
- Chapter 164 — Section 15. Invitation for proposals for purchase of bonds.
- Chapter 164 — Section 15A. Issue or sale of bonds, etc. at less than par value or face amount.
- Chapter 164 — Section 16. Making good impairment of capital stock.
- Chapter 164 — Section 16A. Inadequate depreciation allowances; corrective orders of department; useof funds restricted; enforcement.
- Chapter 164 — Section 17. Improper issue of stock, bonds or other securities; penalty.
- Chapter 164 — Section 17A. Investments; approval of department; violations by officers; penalty.
- Chapter 164 — Section 18. Disposition of shares.
- Chapter 164 — Section 19. Sale of unissued capital stock; terms; auction sale.
- Chapter 164 — Section 20. Commencement of business; liability of officers, contribution.
- Chapter 164 — Section 21. Authorization necessary to transfer franchise, lease works or contract tocarry on works.
- Chapter 164 — Section 22. Deposits.
- Chapter 164 — Section 23. Voting by stockholders; proxy.
- Chapter 164 — Section 24. Voting by stockholders; articles of organization or by-laws controlling.
- Chapter 164 — Section 25. Stockholders of public service corporation; use of name or title thereofprohibited; violations; penalty; proceedings; injunction; exception.
- Chapter 164 — Section 26--28. Repealed, 1973, 860, Sec. 16.
- Chapter 164 — Section 29. Change of officers; filing of certificate of charge.
- Chapter 164 — Section 30. Change of location.
- Chapter 164 — Section 31. Amount of stock in gas companies held by corporation.
- Chapter 164 — Section 32. Repealed, 1973, 860, Sec. 18.
- Chapter 164 — Section 33. Fees for filing certificates, articles and copies of votes.
- Chapter 164 — Section 33A. Promotional or political advertising expenditures.
- Chapter 164 — Section 34. Town's authority to operate gas or electric plant or community antennatelevision system.
- Section 34A. Conversion of street lighting service by municipalities.
- Section 34B. Removal or installation of poles by distribution company ortelephone company.
- Chapter 164 — Section 35. Vote of city to acquire plant.
- Chapter 164 — Section 36. Vote of town to acquire plant.
- Chapter 164 — Section 37. Certification of vote of city or town to department.
- Chapter 164 — Section 38. Certification of subsequent votes.
- Chapter 164 — Section 39. Failure to certify vote; penalty.
- Chapter 164 — Section 40. Debt incurred for establishing, purchasing, extending, etc., light plant.
- Chapter 164 — Section 41. Enlargement of plant.
- Chapter 164 — Section 42. Purchase of existing plant.
- Chapter 164 — Section 43. Determination by department of purchase price; tender of deed; acquisitionupon failure to tender.
- Chapter 164 — Section 44. Repealed, 1929, 379, Sec. 3.
- Chapter 164 — Section 45. Purchase of property in adjoining town.
- Chapter 164 — Section 46. Distribution to adjoining town.
- Chapter 164 — Section 47. Extension of services to adjoining town.
- Section 47A. Exemption from competitive choice requirements; sale ofelectricity.
- Section 47B. Generation facilities and equipment located outside of amunicipality's limits.
- Section 47C. Municipal lighting plant cooperatives.
- Section 47D. Exemption from public records and open meeting requirementsin certain instances.
- Chapter 164 — Section 48--50. Repealed, 1929, 379, Sec. 7.
- Chapter 164 — Section 51. Purchase of gas, electricity, equipment, supplies or materialsfromanother town.
- Chapter 164 — Section 52. Purchase of electricity by town from street railway.
- Chapter 164 — Section 53. Delivery by street railway; metering.
- Chapter 164 — Section 54. Disagreement as to price paid to street railway; action of department.
- Chapter 164 — Section 55. Municipal light board.
- Chapter 164 — Section 56. Management of plant.
- Chapter 164 — Section 56A. Municipal light commission; definition; contracts of members.
- Chapter 164 — Section 56B. Contracts of commission; requisites.
- Chapter 164 — Section 56C. Contracts of commission; filing with city or town auditor; preservation;public inspection; penalty.
- Section 56D. Contracts of commission; advertisements and bids; applicationof section.
- Chapter 164 — Section 56E. Removal of members; notice and hearing; appeal.
- Section 57. Manager's annual financial report; tax levy; expenditure of income.
- Chapter 164 — Section 57A. Appropriations for maintenance and operation; payment in advance ofreceipts.
- Chapter 164 — Section 57B. Income from investment or deposit of proceeds of municipal bonds or notesissued for gas or electrical purposes.
- Chapter 164 — Section 57C. Appropriations from insurance escrow account.
- Chapter 164 — Section 58. Schedule of prices for gas and electricity.
- Chapter 164 — Section 58A. Advance deposit; shut off for non-payment; removal of appliances fordistribution.
- Chapter 164 — Section 58B. Lien upon real estate for non-payment of service charges.
- Chapter 164 — Section 58C. Time for and length of lien.
- Chapter 164 — Section 58D. Unpaid charges added to real estate taxes.
- Chapter 164 — Section 58E. Interest on taxes due by reason of unpaid charges.
- Chapter 164 — Section 58F. Abatement of real estate tax imposed by reason of unpaid charges.
- Chapter 164 — Section 59. Notice of change of price to department.
- Chapter 164 — Section 60. Entitlement to service; review by department.
- Chapter 164 — Section 61. Assessment of cost of establishing service.
- Chapter 164 — Section 62. Protection of plant; municipal ordinances.
- Chapter 164 — Section 63. Duties of municipality and its officers; violations; penalties.
- Chapter 164 — Section 64. Repealed, 1978, 512, Sec. 13.
- Chapter 164 — Section 65. Application of chapter to plants authorized by special act.
- Chapter 164 — Section 66. Application of chapter and by-laws of town to plant authorized by specialact.
- Chapter 164 — Section 67. Revocation of rights, locations of licenses.
- Chapter 164 — Section 68. Sale of plant by town.
- Chapter 164 — Section 69. Enforcement by supreme judicial court.
- Chapter 164 — Section 69A. Purchase, sale and distribution of natural gas by municipality.
- Chapter 164 — Section 69B. Definitions.
- Chapter 164 — Section 69C. Cadet engineers; power of city or town to contract for training; contentsof contract.
- Chapter 164 — Section 69D. Cadet engineers; selection.
- Chapter 164 — Section 69E. Cadet engineers; civil service laws; retirement benefits; workmen'scompensation.
- Chapter 164 — Section 69F. Expenses.
- Section 69G. Definitions.
- Section 69H. Energy facilities siting board.
- Section 69H½. Hydropower generation facilities.
- Section 69I. Long-range forecasts of electric power and gas needs of marketarea,filing; construction of electric — gas, or oil facility; filing of noticeof intention, approval.
- Section 69J. Petition for approval of construction; notice ofintention to construct oil facilities; public hearings;approval or rejection.
- Section 69J¼. Construction of generating facility.
- Chapter 164 — Section 69J½. Fees for applications to construct electricityfacilities.
- Section 69K. Certificate of environmental impact and public interest; constructionoffacilities; petition; issuance; conditions; state agencies and localgovernments restricted; transfer; amendment.
- Section 69K½. Petition for certificate of environmental impact and publicinterest for constructing or operating a generating facility.
- Section 69L. Petition for certificate or amendment thereof; form;informationrequired; affidavit of service and notice.
- Section 69L½. Contents of petition for certificate; affidavit certifyingnotice; amendment of petition.
- Section 69M. Public hearings on applications; national pollutant dischargeelimination system permit; notices; procedures; fact sheets.
- Section 69N. Parties in interest to proceedings.
- Section 69O. Decision granting or denying application; findings andopinions.
- Section 69O½. Rendering of decision upon petition; time limits.
- Chapter 164 — Section 69P. Judicial review.
- Chapter 164 — Section 69Q. Joint inter-agency investigations, hearings or orders; interstatecompacts and federal agreements authorized.
- Section 69R. Eminent domain; taking by electric or gas companies; procedures;restrictions.
- Chapter 164 — Section 69S. Eminent domain with respect to oil pipelines; requisiteprocedures; rightsrelative to taking.
- Chapter 164 — Section 70. Opening of streets by gas company; liability; repairing streets.
- Chapter 164 — Section 70A. Application to department to lay main; hearing; determination; fees.
- Chapter 164 — Section 71. Construction of transmission lines.
- Chapter 164 — Section 72. Taking land for transmission lines.
- Chapter 164 — Section 72A. Survey preliminary to eminent domain proceedings; notice to landowners;damages.
- Chapter 164 — Section 73. Pipes, mains, wires and conduits crossing railroads.
- Chapter 164 — Section 74. Recovery by town of damages paid as result of defect in street.
- Chapter 164 — Section 75. Regulation by municipal authorities.
- Chapter 164 — Section 75A. Installation of gas meters; compliance with regulations for preventingescape of gas.
- Chapter 164 — Section 75B. Qualifying to do business.
- Chapter 164 — Section 75C. Right of eminent domain.
- Chapter 164 — Section 75D. Survey preliminary to eminent domain proceedings; liability.
- Chapter 164 — Section 75E. Regulation of construction and operation.
- Chapter 164 — Section 75F. Restoration of ground surface following installation.
- Chapter 164 — Section 75G. Marking of location of underground line.
- Chapter 164 — Section 75H. Licenses, permits, etc., for pipeline maintenance, construction andoperation.
- Chapter 164 — Section 76. Supervisory authority of department.
- Chapter 164 — Section 76A. Dealings with affiliated companies.
- Section 76B. Streets or ways; construction over — across or along high pressure gas mains.
- Chapter 164 — Section 76C. Rules and regulations.
- Chapter 164 — Section 76D. Utility underground plant damage prevention system; establishment.
- Chapter 164 — Section 77. Annual report of department.
- Section 78. Notice of violation.
- Section 79. Enforcement of orders of department; equity jurisdiction.
- Chapter 164 — Section 80. Location of office of company; records; inspection of records by department.
- Chapter 164 — Section 81. Form of books and accounts.
- Chapter 164 — Section 82. Form of records of work at manufacturing station.
- Chapter 164 — Section 83. Annual return; form; other information to department.
- Chapter 164 — Section 84. Failure to make or amend return; penalty.
- Chapter 164 — Section 84A. Condensed return of business and financial condition.
- Chapter 164 — Section 85. Examination of records by department; confidential nature of information;"affiliated company" defined.
- Chapter 164 — Section 85A. Filing copies of existing contracts with affiliated companies.
- Chapter 164 — Section 86. Consent of municipality to entry of another gas company.
- Section 87. Consent of municipality to entry of another electric company.
- Chapter 164 — Section 88. Review of decision issued under sec. 86 or 87.
- Chapter 164 — Section 89. Rights of another municipality to enter another town.
- Chapter 164 — Section 90. Conditions imposed upon entry of supplier of electricity in bulk.
- Chapter 164 — Section 91. Enforcement of conditions imposed under sec. 90.
- Section 92. Right of user to gas or electricity.
- Section 92A. Right of user in bulk to gas.
- Chapter 164 — Section 93. Price or quality of gas or electricity; public hearing; notice.
- Section 94. Schedule of rates — prices and charges; contracts; filing; proposedchanges; notices; investigations; hearings.
- Chapter 164 — Section 94½. Unregulated sales of compressed natural gas for use as amotor fuel.
- Section 94A. Contracts for purchase of gas or electricity; review of price paid.
- Chapter 164 — Section 94B. Contracts with affiliated companies; approval by department.
- Chapter 164 — Section 94C. Dealings between gas or electric affiliated company; burden of proof.
- Chapter 164 — Section 94D. Penalties for delinquencies and discounts.
- Chapter 164 — Section 94E. Notification of termination of contract filed under sec. 94.
- Chapter 164 — Section 94F. Rates, prices and charges of gas companies; effect of orders ofF.P.C.
- Section 94G. Proposed performance program; unit heat rate audit; public hearing;periodic report; deductions; fuel charge; base rates; rules and regulations.
- Section 94G½. Electric generating facilities; conversion from oil to coal.
- Chapter 164 — Section 94H. Condominiums; common areas; rates.
- Section 95. Reports of accidents.
- Section 96. Sale — merger or consolidation.
- Chapter 164 — Section 97. Acquisition of water storage reservoir or hydro-electric plant by electriccompany.
- Chapter 164 — Section 98. Rights of company acquiring water storage reservoir or hydro-electric plant.
- Chapter 164 — Section 99. Increase of capital stock to affect acquisition.
- Chapter 164 — Section 99A. Property held as tenants in common by electric companies.
- Chapter 164 — Section 100. Sale of property to another gas or electric company; exceptions.
- Chapter 164 — Section 101. Time for filing applications for approval of sales or consolidations.
- Chapter 164 — Section 102. Consolidation of Boston Consolidated Gas and Boston Edison.
- Chapter 164 — Section 102A. Consolidation or merger; agreement, provisions; submission of article tostate secretary; form; requisites and information; approval;effectiveness; filings.
- Chapter 164 — Section 102B. Certificate of consolidation or merger; issuance; fee.
- Section 102C. Consumer protection enforcement by attorney general; submissionof claims to arbitration.
- Chapter 164 — Section 103. Accuracy of meters; stamping meters as correct; records.
- Chapter 164 — Section 104. Fees of department for examining, comparing and testing gas meters.
- Chapter 164 — Section 105. Repealed, 1956, 28.
- Chapter 164 — Section 105A. Storage, transportation and distribution of gas; regulation; violations;civil penalties.
- Chapter 164 — Section 106. Regulation of quality of gas.
- Chapter 164 — Section 107. Establishing calorific standard; companies exempt from furnishing gas ofstandard established.
- Chapter 164 — Section 108. Calorimeter provided by company.
- Chapter 164 — Section 109. Inspection of gas by department; establishing new standards of purity.
- Chapter 164 — Section 110. Gas below standard; forfeiture.
- Chapter 164 — Section 111. Unit of measure for sale of gas.
- Chapter 164 — Section 112. Meter provers.
- Chapter 164 — Section 113. Use of gas meters not tested, sealed or stamped; penalty.
- Chapter 164 — Section 114. Testing gas meters in use; cost of test.
- Chapter 164 — Section 115. Easy ascertainment of gas meter reading.
- Chapter 164 — Section 115A. Replacement of gas meters.
- Chapter 164 — Section 116. Entry on premises to examine and maintain gas or electric meters.
- Chapter 164 — Section 116A. Disconnection of services in case of fire, explosion or other disaster.
- Chapter 164 — Section 117. Written statement of amount recorded given by meter reader.
- Chapter 164 — Section 118. Easy ascertainment of electric meter reading.
- Chapter 164 — Section 119. Meter rentals.
- Chapter 164 — Section 119A. Itemized statement of quantity of gas, electricity or fuel used at each ofseveral rates.
- Chapter 164 — Section 120. Testing electric meters in use; cost of test.
- Chapter 164 — Section 121. Entry upon premises to make test; compensation of person making test;rules and regulations.
- Chapter 164 — Section 122. Use of incorrect meter; refund.
- Chapter 164 — Section 123. Prepayment meters; risk of loss of deposits.
- Chapter 164 — Section 124. Entry of premises to stop gas or electricity.
- Chapter 164 — Section 124A. Shutting off or failing to restore service during serious illness.
- Chapter 164 — Section 124B. Shutting off gas or electric service for failure to pay for appliances;prohibition.
- Chapter 164 — Section 124C. Nursing homes, homes for the aged, convalescent homes, and hospitals;shutting off gas or electric service.
- Chapter 164 — Section 124D. Shutting off gas or electric service to tenants not customer of record.
- Chapter 164 — Section 124E. Termination of gas and electric service; households with residents 65 orolder.
- Chapter 164 — Section 124F. Shutting off service during financial hardship.
- Chapter 164 — Section 124G. Restoration of service upon payment.
- Chapter 164 — Section 124H. Shutting off service in residence where infant domiciled.
- Chapter 164 — Section 124I. Penalties.
- Chapter 164 — Section 125. Refusal to supply because of default of previous occupant.
- Section 125A. Supply to commonwealth or municipality after expiration of contract; price.
- Chapter 164 — Section 126. Wilful injury or interference with gas meter or other property; penalty; prima facie evidence.
- Chapter 164 — Section 126A. Impersonating an officer or servant of a gas or electriccompany; penalties.
- Chapter 164 — Section 127. Intentional injury to electric meter or other property; penalty; prima facie evidence.
- Chapter 164 — Section 127A. Destruction of or tampering with, electric or gas lines, meters, etc.;theft of electricity or gas.
- Section 128. Guaranty fund; payment of interest — application to charges and tolls;annual return statement; violations; penalty.
- Chapter 164 — Section 129. Definitions.
- Chapter 164 — Section 130. Establishment of fund; filing and recording of trust instrument; trustee;dissolution of fund.
- Chapter 164 — Section 131. Powers and duties of fund and trustee; financial statement; amount offund; authorized trust instrument provisions; amendments; consolidation ormerger of fund; taxation.
- Chapter 164 — Section 132. Exemption of trust fund from certain insurance laws.
- Chapter 164 — Section 133. Definitions; domestic utilities; emergency mutual aid.
- Section 134. Aggregation of electrical load by municipality or group ofmunicipalities; adoption of energy plan.
- Section 135. Corporate retail load aggregator.
- Section 136. Cooperatives organized for energy or energy-related services towholesale or retail customers; powers; board of directors; liability.
- Section 137. Participation or membership in group purchasing electricity,natural gas — telecommunications services or similar products.
Disclaimer: These codes may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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