SENATE, No. 1934

By Mr. Hedlund, a petition (accompanied by bill, Senate, No. 1934) of Robert L. Hedlund for legislation relative to certain utility regulations. Telecommunications, Utilities and Energy.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to certain utility regulations

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. Section 1 of chapter 164, as appearing in the 2004 Official Edition, is hereby amended by inserting after the definition of “horizontal market power” the following definition:-

            “Local agent”, individual employed by a gas or electric company to influence decisions made on the municipal level with regard to legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or to communicate directly with a municipal official to influence a decision concerning policy or procurement.

SECTION 2.   Said chapter 164 is hereby amended by inserting after section 33A, as so appearing, the following section:-

            Section 33B.  In addition to the disclosures required pursuant to Section 41 of chapter 3, all gas or electric companies doing business in the commonwealth shall submit to the state secretary the names of all local agents employed to influence the decision of any municipal official, employee of the executive branch, or an authority, where the decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or any act to communicate directly with a municipal official to influence a decision concerning policy or procurement.

SECTION 3.   The fifth paragraph of Section 69H of said chapter 164 of the General Laws, as so appearing, is hereby amended by striking out subparagraph (4) and inserting in place thereof the following subparagraph:-

            (4) The board shall have the opportunity to issue orders with respect to any matter over which it has jurisdiction.  An applicant who violates any such order may be subject to a civil penalty not to exceed $5000 for each violation for each day of the violation; but the maximum civil penalty shall not exceed $1,000,000 in the aggregate.  In the case of plants under construction, the board shall have the authority to revoke all related permits should there be repeated violations.  Any person who commences construction of a facility at a site without first obtaining approval of the facility pursuant to section 69J or section 69J ¼  shall be subject to a civil penalty not to exceed $10,000,000 for generating facilities, and not to exceed $2,000,000 for other facilities.