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An Act relative to the supervisory authority of the department of telecommunications and energy to regulate steam companies. |
Be it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Chapter 25 of the General Laws, as so appearing in the 2006 Official Edition, is hereby amended by inserting after section 18 the following section:-
Section 18A. The commission is hereby authorized to make an assessment against each steam distribution company under the jurisdictional control of the department of public utilities. Each steam distribution company shall annually report by March 31 its intrastate operating revenues for the previous calendar year to said department. Said assessments shall be apportioned according to steam distribution company intrastate operating revenues, to produce an annual amount not greater than $600,000, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the department and for the cost of fringe benefits as established by the commissioner of administration pursuant to section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave.
Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department. Such assessments collected by the department shall be credited to the General Fund. Any funds unexpended in any fiscal year for the purposes for which such assessments were made shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount.
SECTION 2. Section 1 of chapter 164 of the General Laws, as so appearing, is hereby amended by inserting the following:-
“Steam Distribution Company,” any person, firm, partnership, association, private corporation organized under the laws of the commonwealth for the purpose of operating any plant or equipment or facilities for the manufacture, production, transmission, furnishing or distribution of steam to or for the public for compensation within the Commonwealth, and provided , further, that steam distribution company shall not mean an entity producing or distributing steam exclusively on private property and solely for the entity’s use or the use of the entity’s tenant, and not for distribution or sale.
SECTION 3. Section 76D of chapter 164, as so appearing, is hereby amended by inserting after the words “cable television service”, in line 1, the words “steam distribution companies”.
Said section 76D is further amended by inserting after the words “cable television service”, in line 9, the words “steam distribution companies”.
Said section 76D is further amended by inserting after the words “cable television service”, in line 14, the words “steam distribution companies”.
Said section 76D is further amended, by inserting after the words “cable television service”, in line 20, the words “steam distribution companies”.
SECTION 4. Said chapter 164, as so appearing, is hereby amended by inserting after section 137 the following section:-
Section 138. The department shall have supervision of facilities operated by steam distribution companies for the sole purpose of ensuring public safety and shall establish reasonable rules and regulations pertaining to the construction and operation of steam distribution facilities and equipment used in manufacturing and transporting steam. The department shall keep itself informed as to the methods, practices, and condition of all facilities and equipment associated with the distribution of steam, including ducts and conduits, and shall make such examinations and investigations of the steam distribution system as necessary, including the adequacy of operation, maintenance and capital improvements to insure safe operation of facilities operated by a steam distribution company. The department’s supervision is limited to facilities not subject to chapter 146.
Each steam distribution company shall file a certified copy of its certificate of incorporation and bylaws with the department. By March first of each year each company shall file a report on safety related matters as the department may specify, including but not limited to number, duration and causes of all steam leakage incidents, distribution system accidents and service outages, time elapsed between the incident and the return to service following a repair. The department is authorized to levy fines or penalties against any steam distribution company for failure to comply with regulations promulgated by the department. In determining the appropriateness of any fine or penalty, the department shall consider the seriousness of the violation and the good faith compliance efforts of the steam distribution company.
The department shall provide written notice to attorney general of any violation of this chapter. The department’s authority shall not diminish the authority of any municipality to regulate steam distribution.
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