Chapter 164 - MANUFACTURE AND SALE OF GAS AND ELECTRICITY
- Section 164:1 - [Effective Until 2/18/2025] Definitions
- Section 164:1 - [Effective 2/18/2025] Definitions
- Section 164:1A - Retail access to generation services and choice of suppliers; electric company restructuring; divestment; ownership of generating facility producing solar energy
- Section 164:1B - Service territories for distribution companies; rates
- Section 164:1C - Separation of affiliates of electric companies
- Section 164:1D - Electric and gas bills; separation of charges
- Section 164:1E - Performance based rates; service quality standards; damage claims
- Section 164:1F - [Effective Until 2/18/2025] Consumer protections; rules and regulations
- Section 164:1F - [Effective 2/18/2025] Consumer protections; rules and regulations
- Section 164:1G - Transition costs and charges
- Section 164:1H - Financing orders to facilitate transition costs; issuance of bonds; security interests; statutory lien
- Section 164:1I - Investor-owned electric distribution, transmission, and natural gas distribution companies; adherence to department service quality standards
- Section 164:1J - Standards of acceptable performance for emergency preparation and restoration of service
- Section 164:1K - Levied penalties to be credited back to customers
- Section 164:2 - Construction
- Section 164:3 - Corporations governed by chapter
- Section 164:4 - Application of chapter 156B
- Section 164:4A - State secretary; examination; approval; recording and public inspection of documents; enforcement of law
- Section 164:5 - Formation; certification by state secretary
- Section 164:5A - Name; restrictions; injunctive relief
- Section 164:6 - Articles of organization; contents
- Section 164:8 - Amendment of articles of organization; changes in capital stock or corporate name
- Section 164:8A - Amendment of articles of organization; change in business authorized or any other change
- Section 164:8B - Articles of amendment; submission to state secretary; effective date; filing
- Section 164:8C - Restatement of articles of organization; adoption; submission to state secretary; filing; effective date
- Section 164:8D - Confirmation of organization or subsequent proceedings; certificate; submission to state secretary; effective date
- Section 164:9 - Hydro-electric plants; issue of preferred stock and bonds; acquisition of storage reservoir
- Section 164:9A - Electric companies providing electricity to other companies; ownership of stock
- Section 164:10 - Issuance of capital stock; notification of department
- Section 164:11 - Payment of price of share
- Section 164:12 - Improper issue of stock or scrip certificates; effect; penalty
- Section 164:12A - Convertible debentures
- Section 164:13 - Mortgage of property
- Section 164:13A - Issuance and pledge of bonds secured by prior liens
- Section 164:14 - Proceedings to determine necessity of issue of stock, bonds, coupon notes or other evidences of indebtedness
- Section 164:15 - Invitation for proposals for purchase of bonds
- Section 164:15A - Issue or sale of bonds, etc. at less than par value or face amount
- Section 164:16 - Making good impairment of capital stock
- Section 164:16A - Inadequate depreciation allowances; corrective orders of department; use of funds restricted; enforcement
- Section 164:17 - Improper issue of stock, bonds or other securities; penalty
- Section 164:17A - Investments; approval of department; violations by officers; penalty
- Section 164:18 - Disposition of shares
- Section 164:19 - Sale of unissued capital stock; terms; auction sale
- Section 164:20 - Commencement of business; liability of officers, contribution
- Section 164:21 - Authorization necessary to transfer franchise, lease works or contract to carry on works
- Section 164:22 - Deposits
- Section 164:23 - Voting by stockholders; proxy
- Section 164:24 - Voting by stockholders; articles of organization or by-laws controlling
- Section 164:25 - Stockholders of public service corporation; use of name or title thereof prohibited; violations; penalty; proceedings; injunction; exception
- Section 164:29 - Change of officers; filing of certificate of charge
- Section 164:30 - [Effective Until 2/18/2025] Change of location
- Section 164:30 - [Effective 2/18/2025] Change of location
- Section 164:31 - Amount of stock in gas companies held by corporation
- Section 164:33 - Fees for filing certificates, articles and copies of votes
- Section 164:33A - Promotional or political advertising expenditures
- Section 164:34 - Town's authority to operate gas or electric plant or community antenna television system
- Section 164:34A - Conversion of street lighting service by municipalities
- Section 164:34B - Removal or installation of poles by distribution company or telephone company
- Section 164:35 - Vote of city to acquire plant
- Section 164:36 - Vote of town to acquire plant
- Section 164:37 - Certification of vote of city or town to department
- Section 164:38 - Certification of subsequent votes
- Section 164:39 - Failure to certify vote; penalty
- Section 164:40 - Debt incurred for establishing, purchasing, extending, etc., light plant
- Section 164:41 - Enlargement of plant
- Section 164:42 - Purchase of existing plant
- Section 164:43 - Determination by department of purchase price; tender of deed; acquisition upon failure to tender
- Section 164:45 - Purchase of property in adjoining town
- Section 164:46 - Distribution to adjoining town
- Section 164:47 - Extension of services to adjoining town
- Section 164:47A - Exemption from competitive choice requirements; sale of electricity
- Section 164:47B - Generation facilities and equipment located outside of a municipality's limits
- Section 164:47C - Municipal lighting plant cooperatives
- Section 164:47D - Exemption from public records and open meeting requirements in certain instances
- Section 164:47E - Facilities for operation of telecommunications systems for municipal use; construction, purchase, lease and maintenance; debt
- Section 164:51 - Purchase of gas, electricity, equipment, supplies or materials from another town
- Section 164:52 - Purchase of electricity by town from street railway
- Section 164:53 - Delivery by street railway; metering
- Section 164:54 - Disagreement as to price paid to street railway; action of department
- Section 164:55 - Municipal light board
- Section 164:55A - Agreements between municipal light boards and cities or towns
- Section 164:56 - Management of plant
- Section 164:56A - Municipal light commission; definition; contracts of members
- Section 164:56B - Contracts of commission; requisites
- Section 164:56C - Contracts of commission; filing with city or town auditor; preservation; public inspection; penalty
- Section 164:56D - Contracts of commission; advertisements and bids; application of section
- Section 164:56E - Removal of members; notice and hearing; appeal
- Section 164:57 - Manager's annual financial report; tax levy; expenditure of income
- Section 164:57A - Appropriations for maintenance and operation; payment in advance of receipts
- Section 164:57B - Income from investment or deposit of proceeds of municipal bonds or notes issued for gas or electrical purposes
- Section 164:57C - Appropriations from insurance escrow account
- Section 164:58 - Schedule of prices for gas and electricity
- Section 164:58A - Advance deposit; shut off for non-payment; removal of appliances for distribution
- Section 164:58B - Lien upon real estate for non-payment of service charges
- Section 164:58C - Time for and length of lien
- Section 164:58D - Unpaid charges added to real estate taxes
- Section 164:58E - Interest on taxes due by reason of unpaid charges
- Section 164:58F - Abatement of real estate tax imposed by reason of unpaid charges
- Section 164:59 - Notice of change of price to department
- Section 164:60 - Entitlement to service; review by department
- Section 164:61 - Assessment of cost of establishing service
- Section 164:62 - Protection of plant; municipal ordinances
- Section 164:63 - Duties of municipality and its officers; violations; penalties
- Section 164:65 - Application of chapter to plants authorized by special act
- Section 164:66 - Application of chapter and by-laws of town to plant authorized by special act
- Section 164:67 - Revocation of rights, locations of licenses
- Section 164:68 - Sale of plant by town
- Section 164:69 - Enforcement by supreme judicial court
- Section 164:69A - Purchase, sale and distribution of natural gas by municipality
- Section 164:69B - Definitions
- Section 164:69C - Cadet engineers; power of city or town to contract for training; contents of contract
- Section 164:69D - Cadet engineers; selection
- Section 164:69E - Cadet engineers; civil service laws; retirement benefits; workmen's compensation
- Section 164:69F - Expenses
- Section 164:69G - [Effective Until 2/18/2025] Definitions
- Section 164:69G - [Effective 2/18/2025] Definitions
- Section 164:69H - [Effective Until 2/18/2025] Energy facilities siting board
- Section 164:69H - [Effective 2/18/2025] Energy facilities siting board
- Section 164:69H 1/2 - Hydropower generation facilities
- Section 164:69I - [Effective Until 2/18/2025] Long-range forecasts of electric power and gas needs of market area, filing; construction of electric, gas, or oil facility; filing of notice of intention, approval
- Section 164:69I - [Effective 2/18/2025] Long-range forecasts of electric power and gas needs of market area, filing; construction of electric, gas, or oil facility; filing of notice of intention, approval
- Section 164:69J - [Effective Until 3/1/2026] Petition for approval of construction; notice of intention to construct oil facilities; public hearings; approval or rejection
- Section 164:69J - [Effective 3/1/2026] Petition for approval of construction; notice of intention to construct oil facilities
- Section 164:69J 1/4 - [Effective Until 3/1/2026] Construction of generating facility
- Section 164:69J 1/4 - [Effective 3/1/2026] Construction of generating facility
- Section 164:69J 1/2 - [Effective Until 2/18/2025] Fees for applications to construct electricity facilities
- Section 164:69J 1/2 - [Effective 2/18/2025] Fees for applications to construct energy facilities
- Section 164:69K - Certificate of environmental impact and public interest; construction of facilities; petition; issuance; conditions; state agencies and local governments restricted; transfer; amendment
- Section 164:69K 1/2 - Petition for certificate of environmental impact and public interest for constructing or operating a generating facility
- Section 164:69L - Petition for certificate or amendment thereof; form; information required; affidavit of service and notice
- Section 164:69L 1/2 - Contents of petition for certificate; affidavit certifying notice; amendment of petition
- Section 164:69M - Public hearings on applications; national pollutant discharge elimination system permit; notices; procedures; fact sheets
- Section 164:69N - Parties in interest to proceedings
- Section 164:69O - [Effective Until 3/1/2026] Decision granting or denying application; findings and opinions
- Section 164:69O - [Effective 3/1/2026] Decision granting or denying application; findings and opinions
- Section 164:69O 1/2 - Rendering of decision upon petition; time limits
- Section 164:69P - [Effective Until 3/1/2026] Judicial review
- Section 164:69P - [Effective 3/1/2026] Judicial review
- Section 164:69Q - Joint inter-agency investigations, hearings or orders; interstate compacts and federal agreements authorized
- Section 164:69R - [Effective Until 3/1/2026] Eminent domain; taking by electric or gas companies; procedures; restrictions
- Section 164:69R - [Effective 3/1/2026] Eminent domain; taking by energy companies; procedures; restrictions
- Section 164:69S - [Effective Until 3/1/2026] Eminent domain with respect to oil pipelines; requisite procedures; rights relative to taking
- Section 164:69S - [Effective 3/1/2026] Eminent domain with respect to oil pipelines; requisite procedures; rights relative to taking
- Section 164:69T - [Effective 3/1/2026] Consolidated permits for large clean energy infrastructure facilities
- Section 164:69U - [Effective 3/1/2026] Consolidated permit for a small clean transmission and distribution infrastructure facility
- Section 164:69V - [Effective 3/1/2026] Consolidated permit for a small clean energy generation facility or a small clean energy storage facility
- Section 164:69W - [Effective 3/1/2026] Adjudication of local permit application
- Section 164:70 - Opening of streets by gas company; liability; repairing streets
- Section 164:70A - Application to department to lay main; hearing; determination; fees
- Section 164:71 - Construction of transmission lines
- Section 164:72 - [Effective Until 3/1/2026] Taking land for transmission lines
- Section 164:72 - [Effective 3/1/2026] Taking land for transmission lines
- Section 164:72A - [Effective Until 3/1/2026] Survey preliminary to eminent domain proceedings; notice to landowners; damages
- Section 164:72A - [Effective 3/1/2026] Survey preliminary to eminent domain proceedings; notice to landowners; damages
- Section 164:73 - Pipes, mains, wires and conduits crossing railroads
- Section 164:74 - Recovery by town of damages paid as result of defect in street
- Section 164:75 - Regulation by municipal authorities
- Section 164:75A - Installation of gas meters; compliance with regulations for preventing escape of gas
- Section 164:75B - Qualifying to do business
- Section 164:75C - [Effective Until 3/1/2026] Right of eminent domain
- Section 164:75C - [Effective 3/1/2026] Right to exercise power of eminent domain
- Section 164:75D - Survey preliminary to eminent domain proceedings; liability
- Section 164:75E - Regulation of construction and operation
- Section 164:75F - Restoration of ground surface following installation
- Section 164:75G - Marking of location of underground line
- Section 164:75H - Licenses, permits, etc., for pipeline maintenance, construction and operation
- Section 164:76 - Supervisory authority of department
- Section 164:76A - Dealings with affiliated companies
- Section 164:76B - Streets or ways; construction over, across or along high pressure gas mains
- Section 164:76C - Rules and regulations
- Section 164:76D - Utility underground plant damage prevention system; establishment
- Section 164:77 - Annual report of department
- Section 164:78 - Notice of violation
- Section 164:79 - Enforcement of orders of department; equity jurisdiction
- Section 164:80 - Location of office of company; records; inspection of records by department
- Section 164:81 - Form of books and accounts
- Section 164:82 - Form of records of work at manufacturing station
- Section 164:83 - Annual return; form; other information to department
- Section 164:84 - Failure to make or amend return; penalty
- Section 164:84A - Condensed return of business and financial condition
- Section 164:85 - Examination of records by department; confidential nature of information; "affiliated company" defined
- Section 164:85A - Filing copies of existing contracts with affiliated companies
- Section 164:85B - Emergency response plans; submission; approval; penalties for failure to file; denial of recovery of service restoration costs for failure to implement emergency response plan
- Section 164:86 - Consent of municipality to entry of another gas company
- Section 164:87 - Consent of municipality to entry of another electric company
- Section 164:88 - Review of decision issued under sec. 86 or 87
- Section 164:89 - Rights of another municipality to enter another town
- Section 164:90 - Conditions imposed upon entry of supplier of electricity in bulk
- Section 164:91 - Enforcement of conditions imposed under sec. 90
- Section 164:92 - [Effective Until 2/18/2025] Right of user to gas or electricity
- Section 164:92 - [Effective 2/18/2025] Right of user to gas or electricity
- Section 164:92A - Right of user in bulk to gas
- Section 164:92B - [Effective Until 2/18/2025] Development of electric-sector modernization plan
- Section 164:92B - [Effective 2/18/2025] Development of electric-sector modernization plan
- Section 164:92C - Grid Modernization Advisory Council
- Section 164:93 - Price or quality of gas or electricity; public hearing; notice
- Section 164:94 - Schedule of rates, prices and charges; contracts; filing; proposed changes; notices; investigations; hearings
- Section 164:94 1/2 - Unregulated sales of compressed natural gas for use as a motor fuel
- Section 164:94A - Contracts for purchase of gas or electricity; review of price paid
- Section 164:94B - Contracts with affiliated companies; approval by department
- Section 164:94C - Dealings between gas or electric affiliated company; burden of proof
- Section 164:94D - Penalties for delinquencies and discounts
- Section 164:94E - Notification of termination of contract filed under sec. 94
- Section 164:94F - Rates, prices and charges of gas companies; effect of orders of F.P.C
- Section 164:94G - Proposed performance program; unit heat rate audit; public hearing; periodic report; deductions; fuel charge; base rates; rules and regulations
- Section 164:94G 1/2 - [Repealed]
- Section 164:94H - Condominiums; common areas; rates
- Section 164:94I - Cost-allocation method for design of base distribution rates
- Section 164:95 - Reports of accidents
- Section 164:96 - Purchase, sale, merger or consolidation; public interest determination
- Section 164:97 - Acquisition of water storage reservoir or hydro-electric plant by electric company
- Section 164:98 - Rights of company acquiring water storage reservoir or hydro-electric plant
- Section 164:99 - Increase of capital stock to affect acquisition
- Section 164:99A - Property held as tenants in common by electric companies
- Section 164:100 - Sale of property to another gas or electric company; exceptions
- Section 164:101 - Time for filing applications for approval of sales or consolidations
- Section 164:102 - Consolidation of Boston Consolidated Gas and Boston Edison
- Section 164:102A - Consolidation or merger; agreement, provisions; submission of article to state secretary; form; requisites and information; approval; effectiveness; filings
- Section 164:102B - Certificate of consolidation or merger; issuance; fee
- Section 164:102C - Consumer protection enforcement by attorney general; submission of claims to arbitration
- Section 164:103 - Accuracy of meters; stamping meters as correct; records
- Section 164:104 - Fees of department for examining, comparing and testing gas meters
- Section 164:105A - Storage, transportation and distribution of gas; regulation; violations; civil penalties
- Section 164:106 - Regulation of quality of gas
- Section 164:107 - Establishing calorific standard; companies exempt from furnishing gas of standard established
- Section 164:108 - Calorimeter provided by company
- Section 164:109 - Inspection of gas by department; establishing new standards of purity
- Section 164:110 - Gas below standard; forfeiture
- Section 164:111 - Unit of measure for sale of gas
- Section 164:112 - Meter provers
- Section 164:113 - Use of gas meters not tested, sealed or stamped; penalty
- Section 164:114 - Testing gas meters in use; cost of test
- Section 164:115 - Easy ascertainment of gas meter reading
- Section 164:115A - Replacement of gas meters
- Section 164:116 - Entry on premises to examine and maintain gas or electric meters
- Section 164:116A - Disconnection of services in case of fire, explosion or other disaster
- Section 164:116B - Gas company to provide maintenance and improvement of gate boxes during street, sidewalk or road repair; application for assistance
- Section 164:116C - [Effective 2/18/2025] Data repository for access to advanced metering data
- Section 164:117 - Written statement of amount recorded given by meter reader
- Section 164:118 - Easy ascertainment of electric meter reading
- Section 164:119 - Meter rentals
- Section 164:119A - Itemized statement of quantity of gas, electricity or fuel used at each of several rates
- Section 164:120 - Testing electric meters in use; cost of test
- Section 164:121 - Entry upon premises to make test; compensation of person making test; rules and regulations
- Section 164:122 - Use of incorrect meter; refund
- Section 164:123 - Prepayment meters; risk of loss of deposits
- Section 164:124 - Entry of premises to stop gas or electricity
- Section 164:124A - Shutting off or failing to restore service during serious illness
- Section 164:124B - Shutting off gas or electric service for failure to pay for appliances; prohibition
- Section 164:124C - Nursing homes, homes for the aged, convalescent homes, and hospitals; shutting off gas or electric service
- Section 164:124D - Shutting off gas or electric service to tenants not customer of record
- Section 164:124E - Termination of gas and electric service; households with residents 65 or older
- Section 164:124F - Shutting off service during financial hardship
- Section 164:124G - Restoration of service upon payment
- Section 164:124H - Shutting off service in residence where infant domiciled
- Section 164:124I - Penalties
- Section 164:125 - Refusal to supply because of default of previous occupant
- Section 164:125A - Supply to commonwealth or municipality after expiration of contract; price
- Section 164:126 - Wilful injury or interference with gas meter or other property; penalty; prima facie evidence
- Section 164:126A - Impersonating an officer or servant of a gas or electric company; penalties
- Section 164:127 - Intentional injury to electric meter or other property; penalty; prima facie evidence
- Section 164:127A - Destruction of or tampering with, electric or gas lines, meters, etc.; theft of electricity or gas
- Section 164:128 - Guaranty fund; payment of interest, application to charges and tolls; annual return statement; violations; penalty
- Section 164:129 - Definitions
- Section 164:130 - Establishment of fund; filing and recording of trust instrument; trustee; dissolution of fund
- Section 164:131 - Powers and duties of fund and trustee; financial statement; amount of fund; authorized trust instrument provisions; amendments; consolidation or merger of fund; taxation
- Section 164:132 - Exemption of trust fund from certain insurance laws
- Section 164:133 - Definitions; domestic utilities; emergency mutual aid
- Section 164:134 - Aggregation of electrical load by municipality or group of municipalities; adoption of energy plan
- Section 164:135 - Corporate retail load aggregator
- Section 164:136 - Cooperatives organized for energy or energy-related services to wholesale or retail customers; powers; board of directors; liability
- Section 164:137 - Participation or membership in group purchasing electricity, natural gas, telecommunications services or similar products
- Section 164:138 - Definitions for secs. 164:139 and 164:140
- Section 164:139 - Class I, II or III net metering facilities; election of net metering; tariffs; limitation on aggregate capacity; rules and regulations
- Section 164:139A - Creation of programs for small hydroelectric power net metering facilities
- Section 164:140 - Election of net metering by distribution neighborhood net metering facility
- Section 164:141 - [Effective Until 2/18/2025] Considerations for rate designs
- Section 164:141 - [Effective 2/18/2025] Considerations for rate designs
- Section 164:142 - Development of low-emissions distributed generation
- Section 164:143 - Small municipal renewable energy generating facilities
- Section 164:144 - Uniform natural gas leaks classification system for gas companies; grading of reported natural gas leaks; public way projects; school zones; reporting
- Section 164:145 - [Effective Until 2/18/2025] Filing by gas company with department of plan to address aging or leaking natural gas infrastructure
- Section 164:145 - [Effective 2/18/2025] Filing by gas company with department of plan to address aging or leaking natural gas infrastructure
- Section 164:146 - Annual electric distribution system resiliency report
- Section 164:147 - Report of lost and unaccounted for gas
- Section 164:147A - Non-emitting renewable thermal infrastructure project
- Section 164:148 - Engineering plans or specifications posing material risk to public safety, developed by or on behalf of gas company, to bear stamp of professional engineer
- Section 164:149 - [Effective 3/1/2026] Intervenor support grant program
- Section 164:150 - [Effective 2/18/2025] Capital improvements by distribution or transmission companies; cost-effectiveness and timetable analysis
- Section 164:151 - [Effective 2/18/2025] Installation and operation of meter socket adapters