Section 23. (a) There shall be established within the department a division that shall be under the general supervision and control of the commission and shall be under the control of a director. The division shall promulgate rules and regulations and shall perform such functions as necessary for the administration, implementation and enforcement of chapter 159A1/2.
(b) To fund the division's activities, the division shall assess a surcharge on each transportation network company, as defined in section 1 of chapter 159A1/2. Each transportation network company shall annually report by March 31 its intrastate operating revenues for the previous calendar year to the division. The surcharge shall be apportioned according to each transportation network company's intrastate operating revenues as determined and certified annually by the division in order to reimburse the commonwealth for funds expended for the division's activities. If a transportation network company fails to report its intrastate operating revenues to the division by March 31, the division may estimate a transportation network company's intrastate operating revenues to assess the surcharge.
Each transportation network company shall pay the surcharge not later than 30 days from the date of the notice of the surcharge amount from the division. Failure to pay the surcharge within 30 days may, at the discretion of the division, constitute cause to suspend or revoke a transportation network company permit pursuant to chapter 159A1/2.
Funds that are not expended in a fiscal year for the operation of the division shall be credited against the surcharge to be made the following fiscal year and the surcharge amount in the following fiscal year shall be reduced by the unexpended amount.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 25 - Department of Public Utilities
Section 1 - Department of Public Utilities; Seal
Section 1a - Department Priorities
Section 2a - Energy Advisory Board; Membership; Duties
Section 3 - Commissioners; Oath; Interests in Regulated Industry Companies
Section 4 - Chairman of Commission; Powers and Duties; Hearings; Investigations; Reports
Section 4b - Authority of Commissioner Upon Declaration of State of Emergency
Section 5 - Rulings; Orders; Appeal; Costs; Staying Enforcement; Burden of Proof; Evidence
Section 5a - Witnesses; Summonses; Subpoenas; Fees
Section 5b - Rules and Regulations
Section 5c - Hazardous Materials; Rail Transportation Regulations
Section 5d - Trade Secrets, Confidential Information; Protection From Disclosure; Burden of Proof
Section 7 - Duties Relative to Common Carriers; Employees; Division of Railroad Track Inspection
Section 8 - Duties Relative to Common Carriers; Expenditures
Section 9 - Duties Relative to Water, Gas and Electric Companies; Expenditures; Employees
Section 10 - Officers and Employees; Supervision and Control
Section 12f - Transportation Division; Director; Assistants
Section 12g - Transportation Division; Investigations and Inquiries
Section 12n - Facility Siting Division
Section 12o - Department of Telecommunications and Energy Trust Fund
Section 12p - Department of Public Utilities Storm Trust Fund
Section 12q - Department of Public Utilities Energy Facilities Siting Board Trust Fund
Section 12r - Department of Public Utilities Unified Carrier Registration Trust Fund
Section 22 - Energy Efficiency Advisory Council; Membership; Duties; Quarterly Report to Council