Massachusetts General Laws
Chapter 164 - Manufacture and Sale of Gas and Electricity
Section 47b - Facilities and Equipment Located Outside Municipal Limits

Section 47B. Any municipality acting by and through its municipal light board may construct, purchase, operate, own, lease, rent, maintain, dispose of, share costs of, or otherwise have the right to the use, or portions thereof, of subtransmission, transmission, distribution, and generation facilities and equipment located outside of the municipality's limits. All such subtransmission, transmission, distribution, and generation facilities and equipment, or portions thereof, referred to in this section so constructed, purchased, owned, leased, rented, operated, maintained, or otherwise having the right to be used by any municipality shall hereafter be considered ''plant'' under the provisions of sections 34, 40, and 57 of this chapter. Any municipality acting by and through its municipal light board is hereby authorized to pay for the construction, purchase, lease, rent, or the right to use, or portions thereof, of the subtransmission, transmission, distribution, and generation facilities and equipment referred to in this section from those amounts accumulated for depreciation.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

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; Ownership and Operation of Generating Facility Producing Solar Energy; Municipalities at High Risk From the Effects of Climate Chan...

Section 1b - Service Territories for Distribution Companies; Rates

Section 1c - Marketing Companies

Section 1d - Billing of Retail Customers; Notice of Offers Available by Participating Non-Utility Competitive Suppliers; Payment to Supplier by Electric Distribution Company

Section 1e - Performance Based Rate Schemes; Labor Displacement or Reductions; Mediation of Small Claims

Section 1f - Consumer Protections; Rules and Regulations

Section 1g - Transition Costs and Charges

Section 1h - Financing Orders

Section 1i - Service Quality Standards Reports to Be Filed by Investor-Owned Electric Distribution, Transmission, and Natural Gas Distribution Companies; Penalty for Failure to Meet Service Quality Standards

Section 1j - Establishment of Standards of Acceptable Performance for Emergency Preparation and Restoration of Service for Electric and Gas Distribution Companies; Investigation of Violation of Standards; Penalties

Section 1k - Penalties to Be Credited Back to Customers

Section 2 - Construction

Section 3 - Corporations Governed by Chapter

Section 4 - Application of Chapter 156b

Section 4a - State Secretary; Examination of Documents; Approval; Instances of Corporate Omission

Section 5 - Organization of Corporation; Certification by State Secretary

Section 5a - Name; Restrictions; Injunctive Relief

Section 6 - Articles of Organization; Contents

Section 8 - Amendment of Articles of Organization; Changes in Capital Stock or Corporate Name

Section 8a - Amendment of Articles of Organization; Change in Business Authorized or Any Other Change

Section 8b - Articles of Amendment; Submission to State Secretary; Effective Date; Filing

Section 8c - Restatement of Articles of Organization; Adoption; Submission to State Secretary; Filing; Effective Date

Section 8d - Confirmation of Organization or Subsequent Proceedings; Certificate; Submission to State Secretary; Effective Date

Section 9 - Hydro-Electric Plants; Issue of Preferred Stock and Bonds; Acquisition of Storage Reservoir

Section 9a - Electric Companies Providing Electricity to Other Companies; Ownership of Stock

Section 10 - Issuance of Capital Stock; Notification of Department

Section 11 - Payment of Price of Share

Section 12 - Improper Issue of Stock or Scrip Certificates; Effect; Penalty

Section 12a - Convertible Debentures

Section 13 - Mortgage of Property

Section 13a - Issuance and Pledge of Bonds Secured by Prior Liens

Section 14 - Proceedings to Determine Necessity of Issue of Stock, Bonds, Coupon Notes or Other Evidences of Indebtedness

Section 15 - Invitation for Proposals for Purchase of Bonds

Section 15a - Issue or Sale of Bonds, Etc. at Less Than Par Value or Face Amount

Section 16 - Making Good Impairment of Capital Stock

Section 16a - Inadequate Depreciation Allowances; Corrective Orders of Department; Use of Funds Restricted; Enforcement

Section 17 - Improper Issue of Stock, Bonds or Other Securities; Penalty

Section 17a - Investments; Approval of Department; Violations by Officers; Penalty

Section 18 - Disposition of Shares

Section 19 - Sale of Unissued Capital Stock; Terms; Auction Sale

Section 20 - Commencement of Business; Liability of Officers, Contribution

Section 21 - Authorization Necessary to Transfer Franchise, Lease Works or Contract to Carry on Works

Section 22 - Deposits

Section 23 - Voting by Stockholders; Proxy

Section 24 - Voting by Stockholders; Articles of Organization or By-Laws Controlling

Section 25 - Stockholders of Public Service Corporation; Use of Name or Title Thereof Prohibited; Violations; Penalty; Proceedings; Injunction; Exception

Section 29 - Change of Officers; Filing of Certificate of Change

Section 30 - Change of Location

Section 31 - Amount of Stock in Gas Companies Held by Corporation

Section 33 - Fees for Filing Certificates, Articles and Copies of Votes

Section 33a - Promotional or Political Advertising Expenditures

Section 34 - Town's Authority to Operate Gas or Electric Plant or Community Antenna Television System

Section 34a - Municipal Street Lighting Service

Section 34b - Replacement of Existing Poles

Section 35 - Vote of City to Acquire Plant

Section 36 - Vote of Town to Acquire Plant

Section 37 - Certification of Vote of City or Town to Department

Section 38 - Certification of Subsequent Votes

Section 39 - Failure to Certify Vote; Penalty

Section 40 - Debt Incurred for Establishing, Purchasing, Extending, etc., Light Plant

Section 41 - Enlargement of Plant

Section 42 - Purchase of Existing Plant

Section 43 - Determination by Department of Purchase Price; Tender of Deed; Acquisition Upon Failure to Tender

Section 45 - Purchase of Property in Adjoining Town

Section 46 - Distribution to Adjoining Town

Section 47 - Extension of Services to Adjoining Town

Section 47a - Exemption From Requirements Allowing Competitive Choice of Generation Supply; Prohibition of Retail Sales by Nonmunicipal Suppliers and Electric Companies Within Municipal Service Territory; Sale of Electricity at Wholesale; Sale of Ele...

Section 47b - Facilities and Equipment Located Outside Municipal Limits

Section 47c - Municipal Lighting Plant Cooperatives

Section 47d - Exemption From Public Records and Open Meeting Requirements in Certain Instances

Section 47e - Facilities for Operation of Telecommunications Systems for Municipal Use; Construction, Purchase, Lease and Maintenance; Debt

Section 51 - Purchase of Gas, Electricity, Equipment, Supplies or Materials From Another Town

Section 52 - Purchase of Electricity by Town From Street Railway

Section 53 - Delivery by Street Railway; Metering

Section 54 - Disagreement as to Price Paid to Street Railway; Action of Department

Section 55 - Municipal Light Board

Section 55a - Agreements Between Municipal Light Boards and Cities or Towns

Section 56 - Management of Plant

Section 56a - Municipal Light Commission; Definition; Contracts of Members

Section 56b - Contracts of Commission; Requisites

Section 56c - Contracts of Commission; Filing With City or Town Auditor; Preservation; Public Inspection; Penalty

Section 56d - Contracts of Commission; Advertisements and Bids; Application of Section

Section 56e - Removal of Members; Notice and Hearing; Appeal

Section 57 - Manager's Annual Financial Report; Tax Levy; Expenditure of Income

Section 57a - Appropriations for Maintenance and Operation; Payment in Advance of Receipts

Section 57b - Income From Investment or Deposit of Proceeds of Municipal Bonds or Notes Issued for Gas or Electrical Purposes

Section 57c - Appropriations From Insurance Escrow Account

Section 58 - Schedule of Prices for Gas and Electricity

Section 58a - Advance Deposit; Shut Off for Non-Payment; Removal of Appliances for Distribution

Section 58b - Lien Upon Real Estate for Nonpayment of Service Charges

Section 58c - Time for and Length of Lien

Section 58d - Unpaid Charges Added to Real Estate Taxes

Section 58e - Interest on Taxes Due by Reason of Unpaid Charges

Section 58f - Abatement of Real Estate Tax Imposed by Reason of Unpaid Charges

Section 59 - Notice of Change of Price to Department

Section 60 - Entitlement to Service; Review by Department

Section 61 - Assessment of Cost of Establishing Service

Section 62 - Protection of Plant; Municipal Ordinances

Section 63 - Duties of Municipality and Its Officers; Violations; Penalties

Section 65 - Application of Chapter to Plants Authorized by Special Act

Section 66 - Application of Chapter and By-Laws of Town to Plant Authorized by Special Act

Section 67 - Revocation of Rights, Locations or Licenses

Section 68 - Sale of Plant by Town

Section 69 - Enforcement by Supreme Judicial Court

Section 69a - Purchase, Sale and Distribution of Natural Gas by Municipality

Section 69b - Definitions

Section 69c - Cadet Engineers; Power of City or Town to Contract for Training; Contents of Contract

Section 69d - Cadet Engineers; Selection

Section 69e - Cadet Engineers; Civil Service Laws; Retirement Benefits; Workmen's Compensation

Section 69f - Expenses

Section 69g - Definitions

Section 69h - Energy Facilities Siting Board

Section 69h1/2 - Hydropower Generation Facilities

Section 69i - Long-Range Forecasts of Electric and Gas Companies; Filing; Hearings; Approval

Section 69j - Petition for Approval of Construction; Notice of Intention to Construct Oil Facilities; Public Hearings; Approval or Rejection

Section 69j1/4 - Construction of Generating Facility

Section 69j1/2 - Fees for Applications to Construct Electricity Facilities

Section 69k - Certificate of Environmental Impact and Public Interest; Construction of Facilities; Petition; Issuance; Conditions; State Agencies and Local Governments Restricted; Transfer; Amendment; Applicability

Section 69k1/2 - Certificate of Environmental Impact and Public Interest With Respect to a Generating Facility

Section 69l - Petition for Certificate or Amendment Thereof; Form; Information Required; Affidavit of Service and Notice

Section 69l1/2 - Application for Certificate With Respect to a Generating Facility

Section 69m - Public Hearings on Petitions; National Pollutant Discharge Elimination System Permit; Notices; Procedures; Fact Sheets

Section 69n - Parties in Interest to Proceedings

Section 69o - Decision Granting or Denying Application; Findings and Opinions; Applicability

Section 69o1/2 - Decision Granting or Denying Application With Regard to a Generating Facility; Findings and Opinions

Section 69p - Judicial Review

Section 69q - Joint Inter-Agency Investigations, Hearings or Orders; Interstate Compacts and Federal Agreements Authorized

Section 69r - Eminent Domain; Taking by Electric or Gas Companies, Generation Companies or Wholesale Generation Companies; Procedures; Restrictions

Section 69s - Eminent Domain With Respect to Oil Pipelines; Requisite Procedures; Rights Relative to Taking

Section 70 - Opening of Streets by Gas Company; Liability; Repairing Streets

Section 70a - Application to Department to Lay Main; Hearing; Determination; Fees

Section 71 - Construction of Transmission Lines

Section 72 - Taking Land for Transmission Lines

Section 72a - Survey Preliminary to Eminent Domain Proceedings; Notice to Landowners; Damages

Section 73 - Pipes, Mains, Wires and Conduits Crossing Railroads

Section 74 - Recovery by Town of Damages Paid as Result of Defect in Street

Section 75 - Regulation by Municipal Authorities

Section 75a - Installation of Gas Meters; Compliance With Regulations for Preventing Escape of Gas

Section 75b - Qualifying to Do Business

Section 75c - Right of Eminent Domain

Section 75d - Survey Preliminary to Eminent Domain Proceedings; Liability

Section 75e - Regulation of Construction and Operation

Section 75f - Restoration of Ground Surface Following Installation

Section 75g - Marking of Location of Underground Line

Section 75h - Licenses, Permits, etc., for Pipeline Maintenance, Construction and Operation

Section 76 - Supervisory Authority of Department

Section 76a - Dealings With Affiliated Companies

Section 76b - Streets or Ways; Construction Over, Across or Along High Pressure Gas Mains

Section 76c - Rules and Regulations

Section 76d - Utility Underground Plant Damage Prevention System; Establishment

Section 77 - Annual Report of Department

Section 78 - Notice of Violation

Section 79 - Enforcement of Orders of Department; Equity Jurisdiction

Section 80 - Location of Office of Company; Records; Inspection of Records by Department

Section 81 - Form of Books and Accounts

Section 82 - Form of Records of Work at Manufacturing Station

Section 83 - Annual Return; Form; Other Information to Department

Section 84 - Failure to Make or Amend Return; Penalty

Section 84a - Condensed Return of Business and Financial Condition

Section 85 - Examination of Records by Department; Confidential Nature of Information; ''affiliated Company'' Defined

Section 85a - Filing Copies of Existing Contracts With Affiliated Companies

Section 85b - Emergency Response Plans; Submission for Review and Approval; Contents; Penalties for Failure to File; Denial of Recovery of Service Restoration Costs for Failure to Implement Emergency Response Plan

Section 86 - Consent of Municipality to Entry of Another Gas Company

Section 87 - Consent of Municipality to Entry of Another Electric Company

Section 88 - Review of Decision Issued Under Secs. 86 or 87

Section 89 - Rights of Another Municipality to Enter Another Town

Section 90 - Conditions Imposed Upon Entry of Supplier of Electricity in Bulk

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

Section 93 - Price or Quality of Gas or Electricity; Public Hearing; Notice

Section 94 - Schedule of Rates, Prices and Charges; Contracts; Filing; Proposed Changes; Notices; Investigations; Hearings

Section 941/2 - Sales of Compressed Natural Gas for Use as a Motor Fuel

Section 94a - Contracts for Purchase of Gas or Electricity; Review of Price Paid

Section 94b - Contracts With Affiliated Companies; Approval by Department

Section 94c - Dealings Between Gas or Electric Affiliated Company; Burden of Proof

Section 94d - Penalties for Delinquencies and Discounts

Section 94e - Notification of Termination of Contract Filed Under Sec. 94

Section 94f - Rates, Prices and Charges of Gas Companies; Effect of Orders of f.p.c.

Section 94g - Proposed Performance Program; Unit Heat Rate Audit; Public Hearing; Periodic Report; Deductions; Fuel Charge; Base Rates; Rules and Regulations

Section 94h - Condominiums; Common Areas; Rates

Section 94i - Cost-Allocation Method for Determining Base Distribution Rates

Section 95 - Reports of Accidents

Section 96 - Purchase, Sale, Consolidation or Merger; Procedure; Public Interest Determination

Section 97 - Acquisition of Water Storage Reservoir or Hydro-Electric Plant by Electric Company

Section 98 - Rights of Company Acquiring Water Storage Reservoir or Hydro-Electric Plant

Section 99 - Increase of Capital Stock to Affect Acquisition

Section 99a - Property Held as Tenants in Common by Electric Companies

Section 100 - Sale of Property to Another Gas or Electric Company; Exceptions

Section 101 - Time for Filing Applications for Approval of Sales or Consolidations

Section 102 - Consolidation of Boston Consolidated Gas and Boston Edison

Section 102a - Consolidation or Merger; Agreement, Provisions; Submission of Article to State Secretary; Form; Requisites and Information; Approval; Effectiveness; Filings

Section 102b - Certificate of Consolidation or Merger; Issuance; Fee

Section 102c - Enforcement of Consumer Protection Provisions; Arbitration

Section 103 - Accuracy of Meters; Records

Section 104 - Fees of Department for Examining, Comparing and Testing Gas Meters

Section 105a - Storage, Transportation and Distribution of Gas; Regulation; Violations; Civil Penalties

Section 106 - Regulation of Quality of Gas

Section 107 - Establishing Calorific Standard; Companies Exempt From Furnishing Gas of Standard Established

Section 108 - Calorimeter Provided by Company

Section 109 - Inspection of Gas by Department; Establishing New Standards of Purity

Section 110 - Gas Below Standard; Forfeiture

Section 111 - Unit of Measure for Sale of Gas

Section 112 - Meter Provers

Section 113 - Use of Gas Meters Not Tested, Sealed or Stamped; Penalty

Section 114 - Testing Gas Meters in Use; Cost of Test

Section 115 - Easy Ascertainment of Gas Meter Reading

Section 115a - Replacement of Gas Meters

Section 116 - Entry on Premises to Examine and Maintain Gas or Electric Meters

Section 116a - Disconnection of Services in Case of Fire, Explosion or Other Disaster

Section 116b - Gas Company to Provide Maintenance and Improvement of Gate Boxes During Street, Sidewalk or Road Repair; Application for Assistance

Section 117 - Written Statement of Amount Recorded Given by Meter Reader

Section 118 - Easy Ascertainment of Electric Meter Reading

Section 119 - Meter Rentals

Section 119a - Itemized Statement of Quantity of Gas, Electricity or Fuel Used at Each of Several Rates

Section 120 - Testing Electric Meters in Use; Cost of Test

Section 121 - Entry Upon Premises to Make Test; Compensation of Person Making Test; Rules and Regulations

Section 122 - Use of Incorrect Meter; Refund

Section 123 - Prepayment Meters; Risk of Loss of Deposits

Section 124 - Entry of Premises to Stop Gas or Electricity

Section 124a - Shutting Off or Failing to Restore Service During Serious Illness

Section 124b - Shutting Off Gas or Electric Service for Failure to Pay for Appliances; Prohibition

Section 124c - Nursing Homes, Homes for the Aged, Convalescent Homes, and Hospitals; Shutting Off Gas or Electric Service

Section 124d - Shutting Off Gas or Electric Service to Tenants Not Customer of Record

Section 124e - Termination of Gas and Electric Service; Households With Residents 65 or Older

Section 124f - Shutting Off Service During Financial Hardship

Section 124g - Restoration of Service Upon Payment

Section 124h - Shutting Off Service in Residence Where Infant Domiciled

Section 124i - Penalties

Section 125 - Refusal to Supply Because of Default of Previous Occupant

Section 125a - Supply to Commonwealth or Municipality After Expiration of Contract; Price

Section 126 - Wilful Injury or Interference With Gas Meter or Other Property; Penalty; Prima Facie Evidence

Section 126a - Impersonating an Officer or Servant of a Gas or Electric Company; Penalties

Section 127 - Intentional Injury to Electric Meter or Other Property; Penalty; Prima Facie Evidence

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

Section 129 - Definitions

Section 130 - Establishment of Fund; Filing and Recording of Trust Instrument; Trustee; Dissolution of Fund

Section 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 132 - Exemption of Trust Fund From Certain Insurance Laws

Section 133 - Emergency Mutual Aid

Section 134 - Load Aggregation Programs

Section 135 - Corporate Retail Load Aggregators

Section 136 - Cooperatives

Section 137 - Participation in Group Purchasing of Electricity, Natural Gas, Telecommunications Services or Similar Products

Section 138 - Definitions

Section 139 - Class I, Ii or Iii Net Metering Facilities; Election of Net Metering; Tariffs; Limitation on Aggregate Capacity; Rules and Regulations

Section 139a - Small Hydroelectric Power Net Metering Facilities Program

Section 140 - Neighborhood Net Metering Facility; Election of Net Metering; Rules and Regulations

Section 141 - Decisions or Actions Regarding Rate Design; Adjustment to Low-Income Rate Discount

Section 142 - Removal of Impediments to Development of Efficient, Low-Emissions Distributed Generation

Section 143 - Small Municipal Renewable Energy Generating Facilities; Issuance of Bonds and Notes; Procurement of Required Services; Receipt and Use of Revenues

Section 144 - Uniform Natural Gas Leaks Classification System; Grading of Reported Natural Gas Leaks; Projects on Public Ways; School Zones; Gas Company Response and Reporting

Section 145 - Plan for Replacement or Improvement of Aging or Leaking Natural Gas Infrastructure

Section 146 - Electric Distribution System Resiliency Reports; Competitive Solicitation for Electric Distribution System Resiliency Non-Wires Alternatives

Section 147 - Reporting of Lost and Unaccounted for Gas

Section 148 - Engineering Plans or Specifications for Work or Services Posing Material Risk to Public Safety to Bear Stamp of Certified Professional Engineer