Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1158 Compare Versions

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2	2	HOUSE DOCKET, NO. 3832 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1158
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Andres X. Vargas
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing protections and accountability for TNC and DNC workers, consumers, and
13	13	communities (EPA).
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/17/2023Peter Capano11th Essex1/26/2023James C. Arena-DeRosa8th Middlesex2/6/2023Lindsay N. Sabadosa1st Hampshire2/6/2023Steven Owens29th Middlesex2/6/2023David Paul Linsky5th Middlesex2/7/2023Christopher Hendricks11th Bristol2/7/2023William C. Galvin6th Norfolk2/7/2023Christopher J. Worrell5th Suffolk2/7/2023James K. Hawkins2nd Bristol2/7/2023Patricia A. Duffy5th Hampden2/8/2023Jessica Ann Giannino16th Suffolk2/8/2023Jack Patrick Lewis7th Middlesex2/8/2023Thomas M. Stanley9th Middlesex2/8/2023Vanna Howard17th Middlesex2/9/2023David Henry Argosky LeBoeuf17th Worcester2/9/2023Tram T. Nguyen18th Essex2/9/2023 2 of 2
17	17	James J. O'Day14th Worcester2/9/2023Margaret R. Scarsdale1st Middlesex2/10/2023James B. EldridgeMiddlesex and Worcester2/10/2023Michelle M. DuBois10th Plymouth2/13/2023Ryan M. Hamilton15th Essex2/13/2023Priscila S. Sousa6th Middlesex2/14/2023Samantha Montaño15th Suffolk2/14/2023Kate Donaghue19th Worcester2/14/2023Rodney M. Elliott16th Middlesex2/28/2023Russell E. Holmes6th Suffolk3/10/2023Manny Cruz7th Essex3/13/2023 1 of 45
18	18	HOUSE DOCKET, NO. 3832 FILED ON: 1/20/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 1158
20	20	By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1158) of
21	21	Andres X. Vargas and others relative to protections and accountability for transportation network
22	22	and delivery network companies workers, consumers, and communities. Financial Services.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing protections and accountability for TNC and DNC workers, consumers, and
29	29	communities (EPA).
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 Whereas Transportation Network Companies (TNCs) and Delivery Network Companies
33	33	2(DNCs) have operated in the Commonwealth for almost a decade, employing 100,000s of
34	34	3Massachusetts residents and generate $100,000,000s in revenue in the Commonwealth each year;
35	35	4
36	36	5 And Whereas TNC and DNC drivers and delivery workers are already entitled to the
37	37	6same presumptions of employment as well as wage and hour and anti-discrimination protections,
38	38	7unemployment, workers compensation, sick, family and medical leave benefits, under
39	39	8Massachusetts law that all other workers within the Commonwealth enjoy, the legislature enacts
40	40	9the following amendments to Chapter 149 addressing the means for calculating TNC and DNCs
41	41	10workers’ minimum compensation;
42	42	11 2 of 45
43	43	12 And Whereas modifications to the Commonwealth’s existing law regulating TNCs and
44	44	13DNCs, Chapter 159A1/2, are needed to ensure that TNCs and DNCs provide safe, reliable,
45	45	14accessible, and affordable service and are accountable to the Commonwealth, consumers, and
46	46	15their workers in the same manner that other transportation services are regulated, the legislature
47	47	16enacts the following amendments to Chapter 159A1/2;
48	48	17
49	49	18 The legislature hereby enacts the following legislation.
50	50	19 SECTION 1. The General Laws are hereby further amended by inserting after section
51	51	20148D of chapter 149 the following section:-
52	52	21 Section 148E. Application-based transportation workers.
53	53	22 (a)Definitions. As used in this chapter, the following words shall have the following
54	54	23meanings unless the context clearly requires otherwise:
55	55	24 “Application-based transportation worker”, a person who works as a delivery network
56	56	25company courier or transportation network company driver by logging onto a digital network
57	57	26through an on-line enabled application or platform of a delivery network company or
58	58	27transportation network company; provided, however, that an “application-based transportation
59	59	28worker” shall be presumed an employee of the network company, consistent with M.G.L. c. 149
60	60	29§ 148B, for all intents and purposes.
61	61	30 “Assigned time rate”, the minimum hourly wage rate owed to an application-based
62	62	31transportation worker for all periods in which they are performing duties included in assigned
63	63	32time as defined below. 3 of 45
64	64	33 “Assigned time”, all time between the acceptance of a delivery network company or
65	65	34transportation network company dispatched assignment until that assignment is completed and
66	66	35the application-based transportation worker: (i) has returned to the worker’s base location
67	67	36utilizing the route designated by the delivery network company or transportation network
68	68	37company; (ii) is dispatched to a new call, which shall initiate a new period of productive time; or
69	69	38(iii) turns the platform off, whichever occurs first.
70	70	39 “Base location”, the 1-mile radius of a geographic location set as a reporting hub by each
71	71	40transportation network company or delivery network company; provided, however, that as part
72	72	41of onboarding, each application-based transportation worker shall set the worker’s base location;
73	73	42provided further, that if no base location is selected, the transportation network company or
74	74	43delivery network company will assign a default base location, which may be reset by the driver
75	75	44using the application or platform.
76	76	45 “Basic minimum wage”, the minimum wage established pursuant to section 1 of chapter
77	77	46151.
78	78	47 “Delivery network company”, a corporation, partnership, sole proprietorship or other
79	79	48entity that utilizes a digital network to assign couriers to provide pre-arranged delivery services
80	80	49within the Commonwealth.
81	81	50 “Standby time”, any time, other than assigned time, in which an application-based
82	82	51transportation worker is on a delivery network company or transportation network company
83	83	52application or platform and is ready, able and willing to accept fares, including operating in a
84	84	53vehicle approved by the delivery network company or transportation network company, to render
85	85	54service and within their designated base location. 4 of 45
86	86	55 “Transportation network company”, shall have the same meaning as in section 1 of
87	87	56chapter 159A1/2 of the General Laws.
88	88	57 “Working time”, the combination of assigned time and standby time.
89	89	58 (b) The minimum applicable hourly wage for application-based transportation workers
90	90	59shall be equal to the basic minimum wage for all working time or, if the application-based
91	91	60transportation worker holds unfettered discretion to log on and off of the delivery network
92	92	61company or transportation network company application or platform at dates, times of day and
93	93	62hours of their choosing, then the minimum applicable hourly wage shall be a minimum hourly
94	94	63wage rate of 150 per cent of the basic minimum wage for all assigned time. The rate established
95	95	64pursuant to this section shall ensure that application-based transportation workers, on average,
96	96	65earn compensation for the first 40 hours of working time in each 7-day week equal to not less
97	97	66than the basic minimum wage, including all standby time.
98	98	67 An application-based transportation worker’s average hourly wage rate within a 7 day
99	99	68workweek at the basic minimum wage or worker’s actual average wage, whichever is greater,
100	100	69shall constitute the worker’s regular rate of pay for the purposes of section 1A of chapter 151.
101	101	70 (c) Each delivery network company and transportation network company operating in
102	102	71commonwealth shall provide contemporaneous payroll data for each application-based
103	103	72transportation worker by base location in an electronic, searchable form and any other materials,
104	104	73requested by department of labor standards or attorney general necessary to demonstrate
105	105	74compliance with this chapter.
106	106	75 Data provided shall include: (i) the number of hours of assigned time within a pay period;
107	107	76(ii) the number of hours of standby time within a pay period; (iii) the number of hours working 5 of 45
108	108	77time within a pay period; (iv) the assigned time rate in effect for the pay period; (iv) any
109	109	78additional incentives or premiums rates paid to the application-based transportation worker for
110	110	79the pay period and the number of hours the incentive was in effect during the pay period; (v) any
111	111	80deductions permissible under chapters 149 and 151 within the pay period; (vi) the average wage
112	112	81rate for all working time within the pay period; and (vii) other such information as directed by
113	113	82the department or attorney general.
114	114	83 Aggregated de-identified information regarding average assigned time compensation,
115	115	84average premium compensation, hours worked, the number of drivers or couriers employed by
116	116	85each transportation network company or delivery network company and regional variations in
117	117	86the quantity and length of assignments shall be published each quarter by the department. This
118	118	87information shall include, but not be limited to, the: (i) average number of hours of working time
119	119	88by base location; (ii) average number of hours of standby time by base location; (iii) average
120	120	89number of hours of assigned time by base location; (iv) average hourly wage rate paid during
121	121	90each weekly pay period for assigned time only per application-based transportation worker
122	122	91within each month; and (v) average hourly wage rate paid to per application-based transportation
123	123	92worker for all working time in each weekly pay period within each month.
124	124	93 (d) Transportation network companies and delivery network companies may elect to pay
125	125	94at least basic minimum wage for all working time or to adopt the premium rate established under
126	126	95subsection (b) for assigned time so long as on average each application-based transportation
127	127	96worker makes at least the basic minimum wage for all working time under 40 hours within a
128	128	97workweek and at least the wage under section 1A of chapter 151 for all hours worked within a
129	129	98workweek in excess of 40 hours. 6 of 45
130	130	99 (e) The mileage reimbursement standard for application-based transportation workers
131	131	100utilizing their own vehicles shall be: (i) the standard mileage rate established by the federal
132	132	101Internal Revenue Service for all miles driven during an application-based transportation worker’s
133	133	102working time; or (ii) 150 per cent of said standard mileage rate for all miles driven during
134	134	103assigned time.
135	135	104 This reimbursement rate for mileage during assigned time shall remain in effect until the
136	136	105department of labor standards issues regulations, in consultation with attorney general, setting a
137	137	106revised reimbursement rate at the premium rate multiplier on said standard mileage rate for all
138	138	107miles driven during assigned time.
139	139	108 Transportation network companies and delivery network companies shall provide all data
140	140	109sought by the department and attorney general, including, but not limited to, application-based
141	141	110transportation mileage data and any preventative maintenance data maintained by companies
142	142	111who lease vehicles to drivers for use. The department and attorney general may also require
143	143	112transportation network companies and delivery network companies to provide data solicited from
144	144	113application-based transportation workers concerning work-related expenses including, but not
145	145	114limited to, preventative maintenance, repairs and gasoline costs. The department and attorney
146	146	115general may rely on this data as well as other relevant sources in promulgating regulations.
147	147	116 (f) A violation of this Section shall be enforceable under section 150 of chapter 149.
148	148	117 (g) Application-based transportation workers shall be presumed to be employees under
149	149	118the General Laws.
150	150	119 (h) Transportation network companies and delivery network companies shall provide
151	151	120accidental liability coverage to each application-based transportation worker during their 7 of 45
152	152	121working time of not less than $1,000,000 per occurrence and $3,000,000 in aggregate consistent
153	153	122with SECTION 5 [c. 159A1/2, Section 5(a)] of this Act.
154	154	123 (i) A transportation network company, delivery network company, or their agent, or any
155	155	124other person shall not penalize or otherwise retaliate against an application-based transportation
156	156	125worker in any way, including, but not limited to, adversely impacting an application-based
157	157	126transportation worker’s terms and condition of employment, as a result of any action on the part
158	158	127of the worker to secure their rights under this Section.
159	159	128
160	160	129 Any transportation network company or delivery network company, or their agent, or any
161	161	130other person who deactivates or in any other way discriminates against an application-based
162	162	131transportation worker because such worker has made a complaint to the attorney general or any
163	163	132other person, or assists the Attorney General or any other agency in an investigation under this
164	164	133chapter, or has instituted, or caused to be instituted, any proceeding under or related to this
165	165	134chapter, or has testified or is about to testify in any such proceedings, shall have violated this
166	166	135chapter and shall be subject to a civil penalty or order as provided in section 27C of chapter 149.
167	167	136 Any current or former application-based transportation worker aggrieved of a violation of
168	168	137this section may, within 2 years of such alleged violation, institute a civil action in superior
169	169	138court. The court may: (i) issue temporary restraining orders or preliminary or permanent
170	170	139injunctions to restrain continued violation of this section; (ii) reinstate the employee to the same
171	171	140position held before the retaliatory action or to an equivalent position; (iii) compensate the
172	172	141employee for 3 times the lost wages, benefits and other remuneration, and interest thereon; and
173	173	142(iv) order payment by the employer of reasonable costs and attorneys' fees. 8 of 45
174	174	143 SECTION 2. SECTION 1 shall take effect on 01/01/2024.
175	175	144 SECTION 3. Chapter 159A ½ of the General Laws is hereby amended by striking out
176	176	145section 2, as appearing in the 2020 Official Edition, and inserting in place thereof the following
177	177	146section:-
178	178	147 Section 2. (a) The department shall have jurisdiction over transportation network
179	179	148companies and delivery network companies to ensure the safety, accessibility and convenience
180	180	149of the public, the cost effectiveness and reliability of service and accountability of these
181	181	150companies to the commonwealth and to consumers as expressly set forth in this chapter.
182	182	151 The department shall implement and enforce this section and establish regulations,
183	183	152service quality metrics and guidance necessary for enforcement.
184	184	153 (b) In consultation with the registry of motor vehicles, the division shall provide for the
185	185	154establishment of removable decals to be issued by transportation network companies, in a form
186	186	155and manner prescribed by the division, to transportation network drivers to designate a vehicle as
187	187	156a transportation network vehicle for law enforcement and public safety purposes. The decal shall
188	188	157be applied to both the front and back panels of a vehicle at all times while the vehicle is
189	189	158providing transportation network services. A transportation network driver who provides
190	190	159transportation network services using the digital network of more than 1 transportation network
191	191	160company shall display the respective decals for each transportation network company while the
192	192	161vehicle is providing transportation network services. A transportation network driver who ceases
193	193	162to be certified to provide transportation network services for any reason shall return the decal
194	194	163within 14 days of that cessation to the respective transportation network company in the manner
195	195	164and form prescribed by the division. 9 of 45
196	196	165 (c) In consultation with the commissioner of insurance, the department shall implement
197	197	166the insurance policy requirements established in section 228 of chapter 175 and SECTION 5 of
198	198	167this Act [G.L. c. 159A1/2, s. 5(a)] for application-based transportation workers, as defined by
199	199	168SECTION 1(a) [G.L. c. 149, s. 148E(a)] of this Act.
200	200	169 (d) (1) A transportation network company shall provide clear and conspicuous
201	201	170transportation fare estimates to customers and to application-based transportation workers,
202	202	171respectively, at all times, including during surge pricing, high volume and high demand times.
203	203	172Fare estimates shall include a clear rate estimate or the amount of the price increase resulting
204	204	173from surge pricing or increased demand. Failure to provide an accurate estimate may be the
205	205	174subject of a consumer or driver complaint to the department.
206	206	175 (2) At the termination of each ride, a transportation network company shall provide
207	207	176notices of payment to application-based transportation workers and receipts to customers,
208	208	177respectively, which shall contain the detailed itemized information as required under this section.
209	209	178Such information shall be available electronically through the transportation network company’s
210	210	179digital application and on its website and shall remain available to the customers and drivers so
211	211	180long as such customers and drivers maintain an account on the site, even where an application-
212	212	181based transportation worker is deactivated from the application or where a customer is banned
213	213	182from further use. Failure to provide an accurate receipt or notice of payment may be the subject
214	214	183of a complaint to the department.
215	215	184 Information required to be provided to transportation network companies’ customers
216	216	185under this section shall include: (i) the total payment made to the transportation network
217	217	186company by the customer for the ride; (ii) the number of miles driven for the ride; (iii) any surge 10 of 45
218	218	187pricing, additional charges, fees, taxes, and tips, in addition to the transportation network
219	219	188company base rate charged for the ride; and (iv) the start location and the end location.
220	220	189 Information required to be provided to application based transportation workers shall
221	221	190include: (i) the geographic start and end date of the ride; (ii) the number of miles driven for the
222	222	191ride; (iii) the total amount paid to the transportation network company for the ride; (iv) the base
223	223	192payment amount received for the ride by the application-based transportation worker; (v)
224	224	193mileage reimbursements received for the ride by the application-based transportation worker;
225	225	194(vi) any surge payment received for the ride by the application-based transportation worker; (vii)
226	226	195any bonus payment received for the ride by the application-based transportation worker; (viii)
227	227	196any tip remitted by the customer to the application-based transportation worker for the ride; (ix)
228	228	197any deductions from the application-based transportation worker’s compensation; (x) any credits
229	229	198received toward multi-ride or aggregate bonuses or loyalty programs for the ride; and (xi) gross
230	230	199payment received by the transportation network company per the ride;
231	231	200 (3) At the end of each continuous 7-day work period, a transportation network company
232	232	201shall provide clear, contemporaneous and accurate records to application-based transportation
233	233	202workers of their gross and net earnings for each period of working time during the week,
234	234	203consistent with chapters 149 and 151 of the General Laws.
235	235	204 (e)(1) A delivery network company shall provide clear and conspicuous delivery cost
236	236	205estimates to customers and to application-based transportation workers, respectively, at all times,
237	237	206including any premium charges, for high volume and high demand times. Estimates shall include
238	238	207a clear rate estimate, any differential pay for shopping, packaging or delivery functions and the
239	239	208amount of any increase in delivery charges resulting from surge pricing or increased demand. 11 of 45
240	240	209 (2) At the termination of each delivery, a delivery network company shall provide notices
241	241	210of payment to application-based transportation workers and receipts to customers, respectively,
242	242	211which shall contain detailed, itemized information pursuant to this section. Such information
243	243	212shall be available electronically through the delivery network company’s digital application and
244	244	213on its website and shall remain available to the customer and application-based transportation
245	245	214workers so long as such customers and workers maintain an account on the application or site,
246	246	215even where an application-based transportation worker is deactivated from the application or
247	247	216where a customer is banned from further use. Failure to provide an accurate receipt or notice of
248	248	217payment may be the subject of a consumer or application-based transportation worker complaint
249	249	218to the department.
250	250	219 (3) Information required to be provided to delivery network companies’ customers shall
251	251	220include: (i) the total payment made to the delivery network company by the customer for the
252	252	221delivery; (ii) the total labor cost for the delivery charged to the customer; (iii) the number of
253	253	222miles driven for the delivery; (iv) any surge pricing, additional charges, fees, taxes and tips, in
254	254	223addition to the delivery network company’s base rate charged for the ride; and (v) the start
255	255	224location and the end location.
256	256	225 (4) Information required to be provided to application-based transportation workers shall
257	257	226receive: (i) the geographic start and end date of the delivery; (ii) the number of miles driven for
258	258	227the delivery; (iii) the total payment made to the delivery network company by the customer for
259	259	228the delivery; (iv) the base payment received by the application-based transportation worker per
260	260	229the delivery; (v) any additional differential paid for any phase of services rendered such as
261	261	230shopping, packing and delivery– to the application-based transportation worker; (vi) mileage
262	262	231reimbursements received by the application-based transportation worker for the delivery; (vii) 12 of 45
263	263	232any surge payment received by the application-based transportation worker for the delivery;
264	264	233(viii) any bonus payment received by the application-based transportation worker for the
265	265	234delivery; (ix) any tip remitted by the customer to the by the application-based transportation
266	266	235worker; (x) any deductions from compensation to the application-based transportation worker;
267	267	236(xi) any credits received toward multi-ride or aggregate bonuses or loyalty programs for the
268	268	237delivery; and (xii) the gross base payment received by the delivery network company per the
269	269	238delivery.
270	270	239 (5) At the end of each continuous 7-day work period, a delivery network company shall
271	271	240provide clear, contemporaneous and accurate records to application-based transportation workers
272	272	241of their gross and net earnings for each period of working time during the week, consistent with
273	273	242chapters 149 and 151 of the General Laws.
274	274	243 (f) transportation network companies and delivery network companies shall provide, on a
275	275	244quarterly basis, data pertaining to their transportation network company or delivery network
276	276	245company on the following:
277	277	246 (1)the number of application-based transportation workers working in the
278	278	247commonwealth organized by originating base location;
279	279	248 (2)The number and percentage of application-based transportation workers whose
280	280	249average weekly working time as defined by SECTION 1 of this Act [c. 149 s. 148E(a)] exceeds:
281	281	250(A) 0-15 hours; (B) 15 hours; (C) 30 hours; (D) 40 or more hours organized by base location.
282	282	251 (3)The number of vehicles utilized for transportation network company or delivery
283	283	252network company work in the commonwealth organized by originating base location as defined
284	284	253by SECTION 1 of this Act [c. 149 s. 148E(a)]; 13 of 45
285	285	254 (4)The number of application-based transportation workers driving or making
286	286	255deliveries in the commonwealth organized by county and by originating base location;
287	287	256 (5)The number of vehicles utilized for transportation network company/ or delivery
288	288	257network company work in the commonwealth organized by county and by originating base
289	289	258location;
290	290	259 (6)The number of trips taken in the commonwealth by application-based
291	291	260transportation workers organized by originating base location;
292	292	261 (7)The average number of miles per trip or per delivery organized by originating
293	293	262base location by application-based transportation worker;
294	294	263 (8)The average cost per trip or delivery organized by originating base location by
295	295	264application-based transportation workers for their transportation network company or delivery
296	296	265network company; and
297	297	266 (9)The number of hours a day surge or heightened pricing was in effect by
298	298	267originating base location by application-based transportation workers.
299	299	268 Transportation network companies shall also provide information on: (i) total miles
300	300	269driven with a passenger in vehicle by originating base location; and (ii) total miles driven
301	301	270without a passenger in the vehicle by originating base location.
302	302	271 Delivery network companies shall also provide: (i) total miles driven by cars,
303	303	272motorcycles and vans organized by originating base location; and (ii) total miles driven by
304	304	273bicycle or other non-motorized transportation organized by originating base location. 14 of 45
305	305	274 Every transportation network company and every delivery network company shall file
306	306	275with the department and shall plainly print and keep open to public inspection schedules showing
307	307	276all classes of rates, as well as itemized schedules of premiums, surcharges and other fees
308	308	277included but, not limited to, surge pricing, congestion pricing, any surcharges or fees in effect for
309	309	278any service, of every kind rendered or furnished, or to be rendered or furnished, by it within the
310	310	279commonwealth, and all conditions and limitations for the use of the same, in such places, within
311	311	280such time, and in such form and with such detail as the department may order.
312	312	281 Section 2A. The department shall inquire into the rates, charges, policies, practices,
313	313	282safety protocols, equipment and services of transportation network companies and delivery
314	314	283network companies operating in the commonwealth subject to its jurisdiction.
315	315	284 (a) No transportation network company or delivery network company shall, except as
316	316	285otherwise provided in this chapter, charge, demand, exact, receive or collect a different rate or
317	317	286charge for any service rendered or furnished by it, or to be rendered or furnished, from the rate or
318	318	287charge applicable to such service as specified in its schedule filed with the department and in
319	319	288effect at the time.
320	320	289 No transportation network company or delivery network company shall extend to any
321	321	290person or corporation any rule, regulation, privilege or facility except such as are specified in the
322	322	291said schedule and regularly and uniformly extended to all persons and corporations under like
323	323	292circumstances for the like, or substantially similar service.
324	324	293 Unless the department otherwise orders, no change shall be made in any rate or charge, or
325	325	294in any rule or regulation or form of contract or agreement in any manner affecting the same as
326	326	295shown upon the schedules filed in accordance with this chapter, except after 30 days from the 15 of 45
327	327	296date of filing a statement with the department setting forth the changes proposed to be made in
328	328	297the schedule then in force and the time when such changes shall take effect, and such notice to
329	329	298the public as the department orders, to be given prior to the time fixed in such statement to the
330	330	299department for the changes to take effect.
331	331	300 The department, for good cause, may allow changes before the expiration of said 30 days,
332	332	301under such conditions as it may prescribe, and may suspend the taking effect of changes under
333	333	302the circumstances and in the manner provided in the following section. As soon as any such
334	334	303changes take effect they shall be plainly identified as amendments and added to existing
335	335	304schedules. Amended and new schedules shall be printed and filed with the department and
336	336	305posted on the Department’s website and elsewhere as the department may order.
337	337	306 (b) Whenever the department receives notice of any changes proposed to be made in any
338	338	307schedule filed by any transportation network company or delivery network company, it shall
339	339	308notify the attorney general and appropriate stakeholders, including but not limited to, labor
340	340	309organizations and other non-profit corporations who advocate on behalf of application-based
341	341	310transportation workers, provide work-related benefits to application-based transportation worker,
342	342	311represent workers in the commonwealth’s transportation and delivery industries or engage in
343	343	312advocacy to improve the working conditions of low income, contingent workers in the
344	344	313commonwealth, including but not limited to application-based transportation workers. The
345	345	314department, either upon motion by the attorney general or applicable stakeholders, or in its own
346	346	315discretion and after notice, hold a public hearing and make investigation as to the propriety of
347	347	316such proposed changes. 16 of 45
348	348	317 Notice of such hearing shall be published on the department’s website, newspapers and
349	349	318on social media websites as the department may select at least twenty-one days before such
350	350	319hearing.
351	351	320 Pending any such investigation and the decision thereon, the department may, by order
352	352	321served upon the transportation network company or delivery network company affected,
353	353	322suspend, from time to time, the taking effect of such changes, but not for more than 10 months in
354	354	323the aggregate beyond the time when the same would otherwise take effect. After such hearing
355	355	324and investigation, the department may make, in reference to any new rates, charges, rule,
356	356	325regulation or form of contract or agreement proposed, an order consistent with its determinations
357	357	326based on the evidentiary record. At any such hearing, the burden of proof to show that such
358	358	327change is necessary to obtain a reasonable compensation for the service rendered shall be upon
359	359	328the delivery network company or transportation network company. Additionally, during the
360	360	329investigation, the transportation network company and/or delivery network company must
361	361	330provide the methods and calculations for setting proposed rates and evidence supporting such a
362	362	331change, including, but not limited to, advancing safety, accessibility, and convenience of the
363	363	332public, cost effectiveness, reliability of service, and accountability to the commonwealth and to
364	364	333consumers.
365	365	334 (c) Every transportation network company and delivery network company shall give
366	366	335notice of any vehicular accident in which one of its application-based transportation workers was
367	367	336involved during working time and which resulted in property damage over $10,000, injuries
368	368	337requiring medical treatment, or a loss of life, to the Department within twenty-four hours. For
369	369	338each omission to give such notice, the transportation network company or delivery network
370	370	339company shall forfeit not more than $1000 dollars. 17 of 45
371	371	340 A department inspector shall investigate promptly any accident which causes the death or
372	372	341imperils the life of any person, and shall report thereon to the department, and may investigate
373	373	342any other accident.
374	374	343 The department, through its commissioners or by employees duly authorized, may
375	375	344examine all books, contracts, records, documents, papers and memoranda of any transportation
376	376	345network company or delivery network company, and by subpoena duces tecum compel the
377	377	346production thereof, or of duly verified copies of the same or any of them, and compel the
378	378	347attendance of such witnesses as the department may require to give evidence at any such
379	379	348examination.
380	380	349 (d)Whenever the department believes, after holding a hearing in its discretion or upon
381	381	350complaint by an application-based transportation worker or consumer, that:
382	382	351 (1) any transportation network company/delivery network company rates, fares or
383	383	352charges for any services performed within the commonwealth, or a transportation network
384	384	353company/delivery network company’s policies or practices affecting such rates, are unjust,
385	385	354unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any
386	386	355provision of law or insufficient to yield reasonable compensation for the service rendered, the
387	387	356department shall determine the just and reasonable rates, fares and charges to be charged for the
388	388	357service to be performed, and shall fix the same by order to be served upon transportation network
389	389	358companies/delivery network companies, whichever is implicated, by whom such rates, fares and
390	390	359charges or any of them are thereafter to be observed. 18 of 45
391	391	360 Every such transportation network company or delivery network company shall comply
392	392	361with all requirements established by the department, and do everything necessary or proper in
393	393	362order to secure absolute compliance by all its officers, agents and employees.
394	394	363 (2) If a consumer files a complaint with the department concerning any rate, fare or
395	395	364charge demanded and collected by any transportation network company/delivery network
396	396	365company for any service performed and the department finds after a hearing and investigation
397	397	366conducted pursuant to section 10 of chapter 30A that a rate, fare or charge that is unjust,
398	398	367unreasonable, unjustly discriminatory, unduly preferential, in any way in violation of any
399	399	368provision of law has been collected for any service, the department may order the transportation
400	400	369network company or delivery network company which has collected or paid the same to make
401	401	370due reparation to the aggrieved person, with interest from the date of the payment of such
402	402	371unjustly discriminatory amount.
403	403	372 (3) If an application-based transportation worker complaint is made to the department
404	404	373concerning any transportation network company’s or delivery network company’s payments,
405	405	374deductions, or other business practices regulating application-based transportation workers’
406	406	375compensation upon which application-based transportation workers reasonably rely, and the
407	407	376department finds after hearing and investigation conducted pursuant to section 10 of chapter 30A
408	408	377that payments, deductions or other business practices are unjust, unreasonable, unjustly
409	409	378discriminatory, unduly preferential, in any way in violation of any provision of law, insufficient
410	410	379to yield reasonable compensation for the service rendered, or inconsistent with the estimates
411	411	380provided to application-based transportation workers for specific rides or deliveries, the
412	412	381department may order the transportation network company or delivery network company which 19 of 45
413	413	382has collected or paid the same to make due reparation to the aggrieved application-based
414	414	383transportation worker, with interest from the date of the original payment.
415	415	384 Such orders of reparation shall cover only payments made within 3 years before the date
416	416	385of filing the petition seeking to have reparation ordered. Such order may be made without formal
417	417	386hearing whenever the transportation network company/delivery network company affected shall
418	418	387assent in writing thereto, or file or join in a petition therefor. Nothing provided for in this section
419	419	388limits or amends an application-based transportation worker’s right to seek redress pursuant to
420	420	389section 151 of chapter 149.
421	421	390 (4) An application-based transportation worker may file a complaint with the department
422	422	391over the failure of a transportation network company or delivery network company to activate
423	423	392the worker or assign the worker work if the worker otherwise meets all prerequisites and
424	424	393certifications required by this chapter. Activation and work assignments shall not be denied on
425	425	394an arbitrary or capricious basis. An application-based transportation worker may also file a
426	426	395complaint with the department over a transportation network company or delivery network
427	427	396company’s deactivation of the worker if the worker otherwise meets all of the prerequisites and
428	428	397certifications required by this chapter. Deactivation shall not be implemented without good
429	429	398cause.
430	430	399 The department will hear the merits of the application-based transportation worker’s
431	431	400complaint consistent with section 10 of chapter 30A. The hearing officer may order the
432	432	401transportation network company or delivery network company to activate or re-activate the
433	433	402application-based transportation worker’s account as well as any other appropriate remedy. A
434	434	403decision of the hearing officer may be appealed under said chapter 30A. Nothing in this section 20 of 45
435	435	404shall preclude an application-based transportation worker from seeking vindication under
436	436	405common law, other state or federal law concerning a transportation network company or delivery
437	437	406network company’s deactivation or failure to activate their account.
438	438	407 A consumer or application-based transportation worker aggrieved by a final order or
439	439	408decision of the department pursuant to subsection (d)(1)-(4) of this Section may institute
440	440	409proceedings for judicial review in the superior court within 30 days after receipt of such order or
441	441	410decision. Any proceedings in the superior court shall, insofar as applicable, be governed by
442	442	411section 14 of chapter 30A. The commencement of such proceedings shall not, unless specifically
443	443	412ordered by the court, operate as a stay of the division’s order or decision.
444	444	413 (5) Any transportation network company or delivery network company, agent or person,
445	445	414who discriminates against any application-based transportation worker because such worker has
446	446	415made a complaint to the department or any other person or assists the department in any
447	447	416investigation under this section or has instituted or caused to be instituted any proceeding under
448	448	417or related to this section, or has testified or is about to testify in any such proceedings, shall be
449	449	418deemed to have violated this section and shall be punished or shall be subject to a civil citation or
450	450	419order prescribing restitution for all lost wages as well as compensatory damages by the
451	451	420department.
452	452	421 Any current or former application-based transportation worker aggrieved of a violation of
453	453	422section (d) may, within 2 years, institute a civil action in the superior court. The court may: (i)
454	454	423issue temporary restraining orders or preliminary or permanent injunctions to restrain continued
455	455	424violation of this section; (ii) activate or reactivate the application-based transportation worker to
456	456	425the same or to an equivalent position; (iii) compensate the application-based transportation work 21 of 45
457	457	426for three times the lost wages, benefits and other remuneration, and interest thereon; and (iv)
458	458	427order payment by the transportation network company/delivery network company of reasonable
459	459	428costs and attorneys' fees.
460	460	429 (e) The department shall have supervision of every affiliated company, including but not
461	461	430limited to servicing and parent companies, joint ventures or subsidiaries of a delivery network
462	462	431company/transportation network company, as hereinafter defined, with respect to all relations,
463	463	432transactions and dealings, direct or indirect, and shall make all necessary examination and
464	464	433inquiries and keep itself informed as to such relations, transactions and dealings as have a
465	465	434bearing upon the rates, financial condition and practices of such delivery network company or
466	466	435transportation network company. Such relations, transactions and dealings, including any
467	467	436payments by a delivery network company or transportation network company to such an
468	468	437affiliated company or by such an affiliated company to a delivery network company or
469	469	438transportation network company for property owned, leased or used by such carrier or such
470	470	439affiliated company for transportation purposes shall be subject to review and investigation by the
471	471	440department in any proceeding brought under this chapter, and the department may order such
472	472	441affiliated company to be joined as a party respondent with such carrier in such a proceeding.
473	473	442 (1) Every affiliated company having such relations, transactions and dealings with the
474	474	443delivery network company or transportation network company with which it is affiliated shall
475	475	444make such annual or periodic reports, and in such form, as the department may by regulation
476	476	445prescribe, in order to give the department effective supervision over all such relations,
477	477	446transactions and dealings. Such a report may include, if so regulated by the department, service
478	478	447quality metrics, including but not limited to, reliability, efficiency, safety and accessibility. 22 of 45
479	479	448 (2) Officers and employees of the department may be authorized by it to examine the
480	480	449books, contracts, records, documents and memoranda or the physical property of any affiliated
481	481	450company subject to this chapter with respect to any relations, transactions or dealings, direct or
482	482	451indirect, between such affiliated company and any company so subject, and, for any examination
483	483	452so authorized, shall be entitled to full access to the subject matter thereof. No such officer or
484	484	453employee shall divulge any fact or information coming to his knowledge during the course of
485	485	454such examination unless directed by the Department or by the court, or authorized by law.
486	486	455 (3) For the purposes of this section, the term “affiliated companies” shall include any
487	487	456corporation, society, trust, association, partnership or individual: (a) controlling a delivery
488	488	457network company or transportation network company subject to this chapter either directly, by
489	489	458ownership of a majority of its voting stock or of such minority thereof as to give it substantial
490	490	459control of such company, or indirectly, by ownership of such majority or minority of the voting
491	491	460stock of another corporation, society, trust or association so controlling such company; (b) so
492	492	461controlled by a corporation, society, trust, association, partnership or individual controlling as
493	493	462aforesaid, directly or indirectly, the company subject to such chapter; or (c) standing in such a
494	494	463relation to a company subject to such chapter that there is an absence of equal bargaining power
495	495	464between the corporation, society, trust, association, partnership or individual and the company so
496	496	465subject, in respect to their dealings and transactions.
497	497	466 (4) Whenever, in any proceeding before the department under Section 2A the
498	498	467reasonableness of any payment, charge, contract, or purchase, sale, obligation or other
499	499	468arrangement between a transportation network company/delivery network company and a
500	500	469company related to it as an affiliated company, as defined in paragraph (3), shall come into
501	501	470question, the burden of establishing and proving the reasonableness of such payment, charge 23 of 45
502	502	471contract, purchase, sale, obligation or other arrangement shall be upon such delivery network
503	503	472company or transportation network company.
504	504	473 (5) The supreme judicial court shall have jurisdiction in equity to enforce compliance
505	505	474with this section and with all orders of the department made under authority thereof.
506	506	475 (6) The department, though its duly authorized employees, may annually audit all, or any
507	507	476portion of, accounts of any delivery network company or transportation network company or
508	508	477group of delivery network companies or transportation network companies.
509	509	478 (7) No action or order of the department shall in any manner impair the legal duties and
510	510	479obligations of a transportation network company or delivery network company or its legal
511	511	480liability for the consequences of its acts or of the neglect or mismanagement of any of its agents
512	512	481or servants.
513	513	482 (8) If, in the judgment of the department, any transportation network company or delivery
514	514	483network company violates or neglects in any respect to comply with any law, and after written
515	515	484notice by the department, continues such violation or neglect or neglects to make returns as
516	516	485required by law, or to amend the same when lawfully required so to do, the department shall
517	517	486forthwith present the facts to the attorney general for action.
518	518	487 (9) Whenever the department is of opinion that a transportation network company or
519	519	488delivery network company is failing or omitting or about to fail or omit to do anything required
520	520	489of it by law or by order of the department, or is doing anything or about to do anything or
521	521	490permitting anything or about to permit anything to be done, contrary to or in violation of the law
522	522	491or of any order of the department, it shall direct its counsel to begin, subject to the supervision of
523	523	492the attorney general, an action or proceeding in the supreme judicial court in the name of the 24 of 45
524	524	493department for the purpose of having such violations or threatened violations stopped and
525	525	494prevented either by mandamus or injunction.
526	526	495 (10) The department’s annual report will include reporting on transportation network
527	527	496company or delivery network company activities in the commonwealth, to the same extent as
528	528	497provided for other common carriers pursuant to section 43 of chapter 159.
529	529	498 (11) The department shall calculate and the secretary of administration and finance shall
530	530	499determine, pursuant to section 3B of chapter 7, the costs associated with the department’s
531	531	500transportation network company or delivery network company ratemaking, investigations,
532	532	501oversight and adjudications. The department may charge the transportation network
533	533	502company/delivery network company a reasonable fee to cover the costs.
534	534	503 (f) A transportation network company or a delivery network company shall not raise base
535	535	504fares during a federal or a governor-declared state of emergency.
536	536	505 (g) In consultation with state police, local law enforcement and the registry of motor
537	537	506vehicles, the department shall ensure the safety and annual inspection of vehicles utilized by
538	538	507application-based transportation workers working for transportation network companies or
539	539	508delivery network companies, including vehicle inspection pursuant to section 7A of chapter 90.
540	540	509An application-based transportation worker shall obtain a vehicle inspection at the driver’s next
541	541	510annual emissions testing or within 12 months of obtaining a transportation network company or
542	542	511delivery network company driver certificate, whichever comes first.
543	543	512 (h) The department shall ensure the accommodation of riders with special needs. A
544	544	513transportation network company shall not impose additional charges or increase fares when
545	545	514providing services to persons with disabilities and all transportation network companies shall 25 of 45
546	546	515comply with applicable laws, rules and regulations relating to the accommodation of service
547	547	516animals.
548	548	517 (j) A transportation network company shall provide an application-based transportation
549	549	518worker’s name, picture and the license plate number of the vehicle in use to a customer on any
550	550	519digital network used to facilitate a pre-arranged ride.
551	551	520 (k) A delivery network company shall provide an application-based transportation
552	552	521worker’s name, picture, and license plate number of the vehicle, if any, in use to a customer on
553	553	522any digital network used to facilitate a pre-arranged delivery.
554	554	523 (l) In consultation with the department, the Massachusetts Department of
555	555	524Transportation’s highway division shall provide for the issuance of electronic toll transponders
556	556	525set at the commercial vehicle rate to be issued by transportation network companies and delivery
557	557	526network companies to application-based transportation workers. The electronic toll transponders
558	558	527shall be used each time an application-based transportation worker provides transportation
559	559	528network services on a toll road, bridge or tunnel; provided, however, that the issuance of an
560	560	529electronic toll transponder pursuant to this subsection shall not prohibit an application-based
561	561	530transportation worker from establishing or maintaining an electronic toll transponder account for
562	562	531personal use.
563	563	532 (m) In consultation with the department, transportation network companies and delivery
564	564	533network companies shall provide their transportation/delivery data to the Massachusetts
565	565	534Department of Transportation and the department shall cross-reference that data with its toll data
566	566	535to ensure that tolls incurred by an application-based transportation worker providing 26 of 45
567	567	536transportation/delivery services are paid at the commercial rate through the pay by plate system
568	568	537and through the electronic transponder system.
569	569	538 (n) A transportation network company or delivery network company shall notify the
570	570	539Department upon receipt of information that an application-based transportation worker utilizing
571	571	540its network has violated a law or rule or regulation related to the provision of
572	572	541transportation/delivery services or that the application-based transportation worker is not suitable
573	573	542to provide transportation/delivery services.
574	574	543 (o) If, after the Department issues a background check clearance certificate, the
575	575	544Department is notified by a transportation network company or delivery network company, law
576	576	545enforcement or government entity that an application-based transportation worker is unsuitable
577	577	546and the Department verifies the unsuitability, the Department shall immediately revoke or
578	578	547suspend the background check clearance certificate and shall notify the application-based
579	579	548transportation worker and each transportation network company or delivery network company
580	580	549who issued the application-based transportation worker a certificate that the background check
581	581	550clearance certificate has been revoked or suspended. The Department shall issue rules and
582	582	551regulations to establish a process for an application-based transportation worker to appeal a
583	583	552revocation or suspension. The rules or regulations shall include an opportunity for a hearing and
584	584	553a decision, in writing, addressing the reasons for overturning or sustaining the Department’s
585	585	554findings.
586	586	555 An application-based transportation worker aggrieved by a final order or decision of the
587	587	556department pursuant to this subsection may institute proceedings for judicial review in the
588	588	557superior court within 30 days after receipt of such order or decision. Any proceedings in the 27 of 45
589	589	558superior court shall, insofar as applicable, be governed by section 14 of chapter 30A. The
590	590	559commencement of such proceedings shall not, unless specifically ordered by the court, operate as
591	591	560a stay of the division’s order or decision.
592	592	561 Section 2B. Transportation network companies and delivery network companies may be
593	593	562subject to municipal regulation.
594	594	563 An application-based transportation worker assigned to a base location–as defined by
595	595	564SECTION 1 of this Act [c. 149, s. 148E(a)]– within the limits of a city or town– shall obtain a
596	596	565license for such operation from the city council of such city and its mayor or the selectmen of
597	597	566such town, in this chapter called the licensing authority. The amount of the fee for any such
598	598	567license shall be determined annually by the commissioner of administration under the provision
599	599	568of section 3B of chapter 7 for the filing thereof and shall not be unduly burdensome. Such license
600	600	569may limit the number of vehicles to be operated thereunder for good cause. Any application-
601	601	570based transportation worker who is receiving a license under this section and operating a vehicle
602	602	571or vehicles thereunder, shall, in respect to such operation, be subject to such orders, rules or
603	603	572regulations as shall be adopted by the licensing authority under this chapter. No license,
604	604	573certificate or permit shall be required under this chapter in respect to such carriage of passengers
605	605	574as is exclusively interstate.
606	606	575 If any application for a license under this section is not favorably acted upon within a
607	607	576period of sixty days after the filing thereof, the applicant may appeal to the Department within
608	608	577five days following the expiration of said period or, if notice of unfavorable action is sooner
609	609	578given, within five days of said notice, upon a petition in writing setting forth all the material facts
610	610	579in the case. The Department shall hold a hearing on each such appeal, requiring due notice to be 28 of 45
611	611	580given to all interested parties. If the Department approves the action of the licensing authority, it
612	612	581shall issue notice to that effect, but if the Department disapproves of said action, it shall act as a
613	613	582licensing authority and may issue a license which shall specify the route or routes on which a
614	614	583motor vehicle subject to this section may be operated and the number of vehicles which may be
615	615	584operated under such license.
616	616	585 (a) An application-based transportation worker shall obtain a concurrent license from the
617	617	586Department. The Department shall charge a nominal fee for the issuance of an original permit
618	618	587and for the renewal thereof, the amount of which shall be determined annually by the
619	619	588commissioner of administration under the provision of section 3B of chapter 7 for the filing
620	620	589thereof.
621	621	590 (b) After public notice and hearing, the department or the municipal licensing authority
622	622	591may, for good and sufficient reasons to be stated in the order of revocation, revoke in whole or in
623	623	592part such a license issued by such authority, but unless within thirty days after any such order of
624	624	593revocation, except an order made by the department or licensing authority, the licensee consents
625	625	594thereto in writing, such order shall not be valid until approved by the department after public
626	626	595notice and hearing.
627	627	596 (c) The department may, in order to provide for unusual, sudden or unforeseen
628	628	597transportation needs, or to avoid interruption of existing transportation facilities, issue such
629	629	598temporary application-based transportation licenses as it deems that public convenience and
630	630	599necessity to serve more than one municipality. An applicant for such temporary license shall
631	631	600serve a copy of the application on the town or city that the applicant has designated a base
632	632	601location. All temporary licenses issued under this section shall be limited to such period as the 29 of 45
633	633	602department shall specify, not exceeding 120 days. No such license shall be renewed, nor shall
634	634	603more than one such license for substantially the same route be granted to the same person
635	635	604because of the same emergency.
636	636	605 (d) Each application-based transportation worker shall at all times, upon request, furnish
637	637	606any information required by the department or its duly authorized employees relative to the
638	638	607condition, management and operation of transportation network companies or delivery network
639	639	608companies for which the worker provides transportation or delivery services, and shall comply
640	640	609with all lawful orders of the department. Every such application-based transportation worker
641	641	610neglecting to provide such information within the time prescribed as aforesaid, or to amend said
642	642	611information within 15 days of the date of any notice to do so.
643	643	612 (e) The licensing authority in any city or town may, in respect of matters not treated of in
644	644	613the provisions of law governing the operation of motor vehicles under this chapter or rules
645	645	614established by the department, adopt rules and regulations governing such operation. After the
646	646	615adoption of any such rules and regulations, any transportation network company or delivery
647	647	616network company operating such a motor vehicle as authorized by this chapter, may petition the
648	648	617department for the alteration, amendment or revocation of any such rule or regulation.
649	649	618 The department, upon such petition, after notice to the licensing authority and a hearing,
650	650	619may alter, amend or revoke such rule or regulation and establish in place thereof rules and
651	651	620regulations thereafter to be observed in such city or town. Thereafter, the department, upon its
652	652	621own initiative or upon petition of the mayor of such city or the selectmen of such town, or of
653	653	622transportation network company or delivery network company in such city or town, may alter, 30 of 45
654	654	623amend or revoke any rule or regulation established by the department, and may adopt rules and
655	655	624regulations in substitution thereof.
656	656	625 SECTION 4. Said chapter 159A1/2 is hereby further amended by striking out section 3,
657	657	626as so appearing, and inserting in place thereof the following section:-
658	658	627 Section 3. (a) Applicants to operate a transportation network company or delivery
659	659	628network company platform shall demonstrate that the transportation network company or
660	660	629delivery network company:
661	661	630 (i) has an oversight process in place to ensure that the transportation network company or
662	662	631delivery network company provides sufficient insurance coverage to all application-based
663	663	632transportation workers using the delivery network company’s/transportation network company’s
664	664	633digital network, as required by this chapter and section 228 of chapter 175, and otherwise
665	665	634complies with all laws, rules and regulations concerning transportation network vehicles and
666	666	635drivers;
667	667	636 (ii) has an oversight process in place to ensure that each application-based transportation
668	668	637worker using the transportation network company’s/delivery network company’s digital network
669	669	638has, pursuant to section 4, successfully completed a background check, maintains a valid
670	670	639background check clearance certificate, is a suitable driver and has a transportation network
671	671	640company/delivery network company certificate;
672	672	641 (iii) has a digital network to pre-arrange services employs a clear and conspicuous
673	673	642explanation of the total cost and pricing structure, including every fair schedule, charge,
674	674	643incentive and its applicability by region and time, applicable to each pre-arranged ride before the
675	675	644ride begins; 31 of 45
676	676	645 (iv) does not use excessive minimum or base rates, surge pricing, charges or fees;
677	677	646 (v) has an oversight process in place to ensure that tolls incurred by an application-based
678	678	647transportation worker providing transportation/delivery network services through its digital
679	679	648network are paid at the commercial rate by the transportation network company/delivery network
680	680	649company including the utilization of the electronic toll transponder issued pursuant to subsection
681	681	650(j) of Section 2A and the data cross-reference pursuant to subsection (k) of said Section 2A;
682	682	651 (vi) has an oversight process in place to ensure that the company digital network
683	683	652accommodates customers with special needs, including customers requiring wheelchair
684	684	653accessible vehicles, in all areas served by the transportation network company/delivery network
685	685	654company, comply with all applicable laws regarding nondiscrimination against customers or
686	686	655potential customers and ensure the accommodation of customers with special needs including,
687	687	656but not limited to, all applicable laws, rules and regulations relating to the accommodation of
688	688	657service animals and application accessibility;
689	689	658 (vii) has a process in place to ensure that it shall: (1) maintain and update, pursuant to
690	690	659regulations promulgated by the department, an electronic, searchable roster, in a technology and
691	691	660format prescribed by the department, that includes each application-based transportation worker
692	692	661certified by the transportation network company/delivery network company to provide pre-
693	693	662arranged rides and/or delivery services using the transportation network company/delivery
694	694	663network company digital network, including their current address, phone and email contacts, and
695	695	664their base location, as defined in SECTION 1 of this Act [c. 149, s. 148E(a)]; (2) upon request
696	696	665and with appropriate legal process, provide those rosters to the department, the registry of motor
697	697	666vehicles and to state and local law enforcement; (3) maintain and update those rosters as required 32 of 45
698	698	667by the department; (4) comply with all requests for information from the Department regarding
699	699	668the roster, including verification of completion of a background check as required pursuant to
700	700	669clause (ii).
701	701	670 Provided, however, that the transportation network company’s or delivery network
702	702	671company’s rosters including the name, address, phone, email contacts and base location shall not
703	703	672be a public record subject to disclosure under chapter 66. Provided further, that a labor
704	704	673organization or other non-profit corporation who advocates on behalf of application-based
705	705	674transportation workers, provide work-related benefits to application-based transportation
706	706	675workers, represent workers in the transportation and delivery industries or engage in advocacy
707	707	676to improve the working conditions of low income, contingent workers in the commonwealth,
708	708	677including but not limited to application-based transportation workers, and whose written aims
709	709	678and objectives on file with the department of labor relations or the secretary of the
710	710	679commonwealth specifically address their representation and advocacy efforts on behalf of
711	711	680application-based transportation and gig economy workers, may petition the department for an
712	712	681roster of a transportation network company or delivery network company including application-
713	713	682based transportation worker names, addresses, phones and email contacts by base location and
714	714	683the department shall provide the roster in an electronic, searchable format;
715	715	684 (viii) has established a toll-free customer service hotline that shall be capable of
716	716	685responding to public, application-based transportation worker and customer questions and
717	717	686complaints and that the hotline number shall be conspicuously posted along with the hours of
718	718	687operation on the applicant’s website and within the applicant’s digital network application;
719	719	688provided, however, that the department shall develop metrics concerning customer, application-
720	720	689based transportation worker, and consumer complaints, which shall be reported quarterly by 33 of 45
721	721	690transportation network companies or delivery network companies to the department and shall
722	722	691promulgate regulations concerning the investigation of complaints and compliance with these
723	723	692metrics;
724	724	693 (ix) has established procedures governing the safe provision of services compliant with
725	725	694state and federal law to disabled people, including but not limited to, pickup, transfer, and
726	726	695delivery of individuals with visual impairments and individuals who use mobility devices,
727	727	696including but not limited to wheelchairs, crutches, canes, walkers, and scooters; provided,
728	728	697however, that the department shall develop metrics concerning the provision of services to the
729	729	698disabled, transportation network company or delivery network companies shall be report
730	730	699quarterly to the department on compliance with the metrics; provided, however, that the
731	731	700department shall promulgate regulations concerning the investigation of complaints and
732	732	701compliance with these metrics;
733	733	702 (x) has established procedures, policies, protocols and practices, including but not limited
734	734	703to trainings and the implementation of a panic-button system linked to both the transportation
735	735	704network company/delivery network company and local law enforcement, to promote the safety
736	736	705of its application-based transportation workers and customers; provided, however, that the
737	737	706department shall develop metrics concerning customer, application-based transportation worker
738	738	707and consumer safety-related complaints, training, and implementation and utilization of the panic
739	739	708button system which shall be reported quarterly to the department and shall promulgate
740	740	709regulations concerning the investigation of complaints and compliance with these metrics; and 34 of 45
741	741	710 (xi) has an oversight process in place to ensure that application-based transportation
742	742	711network workers with vehicles registered outside of the commonwealth meet the requirements of
743	743	712this chapter.
744	744	713 (b) After obtaining the information required under clause (ii) of subsection (c) of section
745	745	7144, the Department shall determine whether the application-based transportation worker has
746	746	715committed an offense that would disqualify him/her from providing transportation network
747	747	716company/delivery network company services, according to the Department’s rules, orders and
748	748	717regulations. The department shall determine if the application-based transportation worker
749	749	718applicant is suitable and, if determined to be suitable, shall provide the transportation network
750	750	719company/delivery network company and the application-based transportation worker with a
751	751	720background check clearance certificate. The department shall conduct a background check
752	752	721pursuant to clause (ii) of subsection (c) of section 4 not less than annually. If the department
753	753	722finds that a application-based transportation worker is not suitable under the annual background
754	754	723check, the department shall notify the application-based transportation worker and each relevant
755	755	724transportation network company/delivery network company that the background check clearance
756	756	725certificate is revoked or suspended.
757	757	726 (c) The department shall calculate and the secretary of administration and finance shall
758	758	727determine, pursuant to section 3B of chapter 7, the costs associated with the Department’s review
759	759	728of an application for a transportation network company/delivery network company operations
760	760	729permit, for renewal of the permit and to issue background check clearance certificates, and for
761	761	730oversight, investigation, compliance, and enforcement of transportation network
762	762	731company/delivery network company reporting requirements and metrics. The department may 35 of 45
763	763	732charge the transportation network company/delivery network company a reasonable fee to cover
764	764	733the costs.
765	765	734 SECTION 5. Said chapter 159A1/2 is hereby further amended by striking out section 5,
766	766	735as so appearing, and inserting in place thereof the following section:-
767	767	736 Section 5. (a) Each transportation network and delivery network company shall carry
768	768	737adequate insurance, as required by this chapter and section 228 of chapter 175, for each vehicle
769	769	738being used to provide transportation and delivery services through a transportation network
770	770	739company or delivery network company’s digital network.
771	771	740 (b) A transportation network company/delivery network company shall carry adequate
772	772	741insurance for each vehicle being used to provide transportation and delivery network services in
773	773	742association with an application-based transportation worker driver’s certificate. An application-
774	774	743based transportation worker shall carry proof of adequate insurance provided by a transportation
775	775	744network company/delivery network company for whom he/she provides services, as required by
776	776	745section 228 of chapter 175, at all times while providing transportation and/or delivery services on
777	777	746behalf of the transportation network company/delivery network company. In the event of an
778	778	747incident giving rise to personal injury or property damage, an application-based transportation
779	779	748worker shall provide insurance coverage information to directly interested parties, automobile
780	780	749insurers and law enforcement. Upon request, a transportation network driver shall disclose to
781	781	750directly interested parties, automobile drivers, automobile insurers and law enforcement whether
782	782	751the driver was providing transportation network services at the time of the incident. Nothing in
783	783	752this Section exempts an application-based transportation worker from the commonwealth’s 36 of 45
784	784	753minimum vehicle insurance requirements while driving a vehicle at any time he/she is not
785	785	754providing services on behalf of a transportation network company/delivery network company.
786	786	755 (c) Automobile liability insurance providers offering coverage to a transportation network
787	787	756company/delivery network company to comply with subsection (a) or (b) shall cover all
788	788	757application-based transportation workers providing transportation and delivery services for
789	789	758compensation on behalf of the transportation network company/delivery network company; their
790	790	759insurance policies will cover all times when an application-based transportation worker is in a
791	791	760vehicle and logged on to the transportation network company/delivery network company digital
792	792	761network and driving on behalf of the transportation network company/delivery network
793	793	762company.
794	794	763 (d) A transportation network company/delivery network company shall disclose, in
795	795	764writing, to a prospective application-based transportation worker, before certifying the
796	796	765application-based transportation worker to provide transportation and/or delivery services
797	797	766through the transportation network company/delivery network company digital network: (i) the
798	798	767insurance coverage, including the types of coverage and the limits for each coverage, that the
799	799	768transportation network company/delivery network company provides while the application-based
800	800	769transportation worker provides transportation or delivery network services; and (ii) a statement
801	801	770that the application-based transportation worker’s own automobile insurance policy does not
802	802	771provide coverage while the driver is providing transportation and/or delivery network services.
803	803	772 (e) In a claims coverage investigation, a transportation network company/delivery
804	804	773network company, a application-based transportation worker and an insurer responding to a
805	805	774claim involving a transportation network company/delivery network company shall disclose to 37 of 45
806	806	775each other a clear description of the coverage, exclusions and limits provided under an
807	807	776automobile insurance policy maintained under this section and shall cooperate to facilitate the
808	808	777exchange of relevant information with directly involved parties including, but not limited to, the
809	809	778precise times that a application-based transportation worker logged on and off of the
810	810	779transportation network company/delivery network company’s digital network in the 12-hour
811	811	780period immediately preceding and in the 12-hour period immediately following the accident.
812	812	781 SECTION 6. Said chapter 159A1/2 is hereby further amended by striking out section 8,
813	813	782as so appearing, and inserting in place thereof the following section:-
814	814	783 Section 8. (a) The department shall require a transportation network company/delivery
815	815	784network company to maintain certain records, in addition to the records required by clause (vii)
816	816	785of subsection (a) of section 3 including, but not limited to, records pertaining to incidents
817	817	786reported to the transportation network company/delivery network company relative to a
818	818	787application-based transportation worker, customer, or other impacted individual, records
819	819	788pertaining to accessibility, and records pertaining to pricing. The department shall issue
820	820	789guidelines on the content, maintenance, and disclosure of incident reports, accessibility data and
821	821	790complaints, and pricing. A transportation network company/delivery network company shall
822	822	791retain the incident reports for not less than 7 years. Each transportation network company or
823	823	792delivery network company or applicant to operate as a transportation network company or
824	824	793delivery network company shall furnish all information and documents related to the condition,
825	825	794management and operation of the company upon the department’s request; provided, however,
826	826	795that any such request shall be reasonably related to the requirements set forth in this chapter and
827	827	796the rules and regulations promulgated under this chapter. The failure to maintain or furnish
828	828	797information to the Department within a timeline to be determined by the department shall, 38 of 45
829	829	798barring a showing of good cause, constitute cause to not issue, suspend or revoke a transportation
830	830	799network company/delivery network company permit pursuant to section 6.
831	831	800 (b) A transportation network company/delivery network company shall provide to the
832	832	801department a detailed monthly accounting of application-based transportation worker and
833	833	802customer complaints received under clause (viii) of subsection (a) of section 3 and the actions
834	834	803the company has taken, if any, to resolve said complaints.
835	835	804 (c) In response to a specific complaint alleging criminal conduct against any application-
836	836	805based transportation worker or customer, a transportation network company or delivery network
837	837	806company shall, upon request and after being served with appropriate legal process, provide
838	838	807information to a requesting law enforcement agency necessary to investigate the complaint, as
839	839	808determined by the law enforcement agency.
840	840	809 Transportation network company and delivery network companies shall, after being
841	841	810served with appropriate legal process, cooperate with law enforcement and provide information
842	842	811related to an alleged criminal incident including, but not limited to, trip specific details regarding
843	843	812origin and destination, length of trip, GPS coordinates of route, driver identification and, if
844	844	813applicable, information reported to the transportation network company/delivery network
845	845	814company regarding the alleged criminal activity by a application-based transportation worker or
846	846	815customer, to the appropriate law enforcement agency upon receipt of a specific complaint
847	847	816alleging criminal conduct against any application-based transportation worker or customer.
848	848	817 (d) Any record furnished to the department shall exclude information identifying
849	849	818application-based transportation workers or customers, unless the Department explains, in 39 of 45
850	850	819writing, to the transportation network company/delivery network company why the information
851	851	820is necessary for the enforcement processes established in this chapter.
852	852	821 (e) Any record furnished to the department or other state agency by a transportation
853	853	822network company/delivery network company pursuant to this chapter including, but not limited
854	854	823to, the roster of permitted application-based transportation workers, shall not be considered a
855	855	824public record as defined in clause Twenty-sixth of section 7 of chapter 4 or chapter 66. An
856	856	825application for a transportation network company/delivery network company permit submitted
857	857	826pursuant to this chapter shall be a public record as defined in said clause Twenty-sixth of said
858	858	827section 7 of said chapter 4 or said chapter 66.
859	859	828 SECTION 7. Said chapter 159A1/2 is hereby further amended by striking out section 9,
860	860	829as so appearing, and inserting in place thereof the following section:-
861	861	830 Section 9. Nothing in this chapter shall require a transportation network
862	862	831company/delivery network company to issue a driver certificate to a application-based
863	863	832transportation worker applicant who fails to meet the requirements of this chapter or prevent the
864	864	833transportation network company/delivery network company from suspending, revoking or
865	865	834otherwise terminating an application-based transportation worker from its digital network for
866	866	835failure to meet the requirements of this chapter.
867	867	836 Any application-based transportation worker whose driver certificate is suspended,
868	868	837revoked or otherwise terminated or application-based transportation worker applicant who
869	869	838denied a driver certificate on the grounds that they do not meet the criteria for certification under
870	870	839this Section may appeal the same to the department under Section 2B(o) of this Chapter.
871	871	840 SECTION 8. Section 10 of said chapter 159A1/2 is hereby repealed. 40 of 45
872	872	841 SECTION 9. Said chapter 159A1/2 is hereby amended by striking out section 12, as
873	873	842inserted by section 23 of chapter 176 of the acts of 2022, and inserting in place thereof the
874	874	843following section:-
875	875	844 Section 12. (a) On the first day of each month, each transportation network company
876	876	845shall submit to the Department, in a format approved by the Department, data related to each pre-
877	877	846arranged ride provided in the month prior to the previous month and shall include for each pre-
878	878	847arranged ride: (i) the latitude and longitude for the points of the origination and termination,
879	879	848calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination,
880	880	849calculated to the nearest minute; (iii) the total cost paid by the customer for the ride; (iv) the
881	881	850universally-unique identifier associated with the application-based transportation worker; (v) the
882	882	851application-based transportation worker’s city or town of residence as appearing on the driver's
883	883	852license; (vi)whether the customer requested a shared ride but was not successfully matched with
884	884	853another customer; (vii) whether the customer requested accommodation for special needs; (viii)
885	885	854whether the transportation service was provided by a wheelchair accessible vehicle; (ix) whether
886	886	855there were any application-based transportation worker or customer-initiated cancellations; (x)
887	887	856the total time that the application-based transportation worker spent on the way to pick up the
888	888	857customer; (xi) the total time that the application-based transportation worker spent providing the
889	889	858pre-arranged transportation service; (xii) the geographic position of the vehicle during the entire
890	890	859duration of the pre-arranged ride, provided at intervals of not less than every 60 seconds of the
891	891	860pre-arranged ride/delivery; (xiii) the total mileage driven by the application-based transportation
892	892	861worker while on the way to pick up the customer; (xiv) the total mileage driven by the
893	893	862application-based transportation worker while providing the pre-arranged transportation/delivery
894	894	863service; (xv) the transportation network company vehicle license plate; (xvi) whether the 41 of 45
895	895	864application-based transportation worker is a professional driver, as advertised by the
896	896	865transportation network company; and (xvii) whether the pre-arranged transportation service was
897	897	866advertised by the transportation network company as a luxury or premium ride, regardless of
898	898	867whether the transportation network vehicle was registered as a livery vehicle; provided, however,
899	899	868that if the pre-arranged ride was advertised by the transportation network company as a luxury or
900	900	869premium ride, the factors that were considered in that designation, including, but not limited to,
901	901	870vehicle make, model, year and, if available, trim, whether the transportation network driver was
902	902	871a professional driver, as advertised by the transportation network company and whether the ride
903	903	872was available by an exclusive membership option.
904	904	873 (b) On the first day of each month, each delivery network company shall submit to the
905	905	874department, in a format approved by the department, data related to each pre-arranged delivery
906	906	875provided in the month prior to the previous month and shall include for each pre-arranged
907	907	876delivery: (i) the latitude and longitude for the points of the origination and termination,
908	908	877calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination,
909	909	878calculated to the nearest minute; (iii) the total cost paid by the customer for the delivery services;
910	910	879(iv) the universally-unique identifier associated with the application-based transportation worker;
911	911	880(v) the application-based transportation worker’s city or town of residence as appearing on the
912	912	881driver's license; (vi) specific to a delivery network company, whether the application-based
913	913	882transportation worker engaged in selection of products, packing and transportation or any portion
914	914	883of the service; (vii) whether the customer requested any accommodations for special needs;
915	915	884(viii) specific to a delivery network company, whether the application-based transportation
916	916	885worker provided the accommodation; (ix) whether there were any application-based
917	917	886transportation worker or customer-initiated cancellations; (x) the total time that the application- 42 of 45
918	918	887based transportation worker spent selecting, packing or on the way to pick up the items for
919	919	888delivery; (xi) the total time that the application-based transportation worker spent providing the
920	920	889pre-arranged delivery services; (xii) the geographic position of the vehicle during the entire
921	921	890duration of the pre-arranged delivery, provided at intervals of not less than every 60 seconds of
922	922	891the pre-arranged delivery; (xiii) the total mileage driven by the application-based transportation
923	923	892worker while on the way to pick up the delivery; (xiv) the total mileage driven by the
924	924	893application-based transportation worker while providing the pre-arranged delivery service; (xv)
925	925	894the application-based transportation worker’s vehicle license plate; and (xvi) whether the pre-
926	926	895arranged ride was advertised by the delivery network company as providing expedited or other
927	927	896premium service.
928	928	897 (c) The department may obtain additional ride/delivery data from a transportation
929	929	898network company/delivery network company for the purposes of congestion management, which
930	930	899may include, but shall not be limited to: (i) the total number of application-based transportation
931	931	900workers that utilized the transportation network company/delivery network company digital
932	932	901network within specified geographic areas and time periods as determined by the division; and
933	933	902(ii) the total time spent and total miles driven by application-based transportation workers in such
934	934	903geographic areas or time periods as determined by the Department while (A) on the way to pick
935	935	904up a customer or (B) engaged in a pre-arranged ride/delivery. The Department shall promulgate
936	936	905regulations relative to data collection pursuant to this subsection prior to obtaining the data.
937	937	906 (d) Annually, not later than June 30, the department shall post on its website, in
938	938	907aggregate form, the total number of rides provided by all transportation network companies and
939	939	908all deliveries provided by all delivery network companies that that originated in each city or
940	940	909town, each city or town where the rides/deliveries originating in each city or town terminated and 43 of 45
941	941	910the average miles and minutes of the rides/deliveries that originated in each city or town and
942	942	911terminated in each other respective city or town.
943	943	912 (e) For the purposes of congestion management, transportation planning or emissions
944	944	913tracking, as well as any other beneficial use in the interest of the Commonwealth, its
945	945	914subdivisions, and/or its municipalities, the Department may enter into data-sharing agreements to
946	946	915share electronic, de-identified trip-level data received by the Department pursuant to this section
947	947	916with the executive office of technology services and security, the executive office of energy and
948	948	917environmental affairs, the Massachusetts Department of Transportation, the Massachusetts Port
949	949	918Authority, the Massachusetts Bay Transportation Authority, the department of environmental
950	950	919protection, a regional transit authority established under section 3 of chapter 161B,
951	951	920municipalities serviced by transportation network companies or delivery network companies, a
952	952	921regional planning agency in the commonwealth and a metropolitan planning organization in the
953	953	922commonwealth. The Commonwealth will provide versions of this data, redacted to address the
954	954	923reasonable privacy concerns of both application-based transportation workers and consumers
955	955	924only to the extent absolutely necessary to individuals and organizations within the
956	956	925Commonwealth who are stakeholders upon request and a reasonable showing of interest in the
957	957	926data.
958	958	927 The department shall prescribe the form and content of a data-sharing agreement under
959	959	928this subsection, the manner of transmitting the information and the information security
960	960	929measures that shall be employed by an entity receiving the data under any such data sharing
961	961	930agreement. A data-sharing agreement shall specify that the information provided by the
962	962	931Department shall be aggregated and de-identified and may be used only for the purposes set forth
963	963	932in the agreement. Any data received by an entity from the Department through a data-sharing 44 of 45
964	964	933agreement under this subsection shall be considered a public record under section 7 of chapter 4
965	965	934and chapter 66 and shall be subject to reasonable limitations on dissemination for profit.
966	966	935 SECTION 10. Said chapter 159A1/2 is hereby further amended by striking out section
967	967	93612, as inserted by section 8, and inserting in place thereof the following section:-
968	968	937 Section 13. (a) The department shall establish a program to reduce greenhouse gas
969	969	938emissions from transportation network companies or delivery network companies. To the extent
970	970	939permitted under federal law, the program shall establish requirements for transportation network
971	971	940companies or delivery network companies including, but not limited to, vehicle electrification
972	972	941and greenhouse gas emissions requirements. Such requirements shall include, but not be limited
973	973	942to, a requirement for said companies to submit biennial plans to gradually increase zero-emission
974	974	943transportation network vehicles and reduce greenhouse gas emissions to meet goals set by the
975	975	944executive office of energy and environmental affairs. If the Department determines that vehicle
976	976	945electrification requirements alone would be sufficient to achieve the greenhouse gas emissions
977	977	946goals set by the executive office of energy and environmental affairs, then it may establish
978	978	947requirements for vehicle electrification without establishing separate requirements for
979	979	948greenhouse gas emissions. The department shall, to the extent practicable, minimize any negative
980	980	949impacts of the program on application-based transportation workers from neighborhoods and
981	981	950municipalities that have an annual median household income of not more than 65 per cent of the
982	982	951statewide annual median household income.
983	983	952 (b) The department shall establish regulations to implement the program established in
984	984	953this section.
985	985	954 SECTION 10. Section 12 shall take effect on 01/01/2024. 45 of 45
986	986	955