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SENATE DOCKET, NO. 906 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 2139
The Commonwealth of Massachusetts
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PRESENTED BY:
John F. Keenan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to municipal light plants.
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PETITION OF:
NAME:DISTRICT/ADDRESS :John F. KeenanNorfolk and PlymouthJacob R. OliveiraHampden, Hampshire and Worcester2/10/2023 1 of 2
SENATE DOCKET, NO. 906 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 2139
By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2139) of John F. Keenan and Jacob
R. Oliveira for legislation relative to municipal light plants. Telecommunications, Utilities and
Energy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2194 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to municipal light plants.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 164 is hereby amended by striking out section 47D, as appearing in
2the 2020 Official Edition, and inserting in place thereof the following section:-
3 Section 47D. A municipal lighting plant created pursuant to the provisions of this chapter
4or any special law shall be exempt from the public record requirements of section 10 of chapter
566 and the open meeting requirements of section 20 and 21 of chapter 30A in those instances
6when necessary for protecting trade secrets, confidential, competitively sensitive or other
7proprietary information provided in the course of proceedings conducted pursuant to this chapter
8when such municipal lighting plant board or its designee determines that such disclosure will
9adversely affect the plant's customers or its ability to conduct business. 2 of 2
10 SECTION 2. Said chapter 164 is hereby further amended by inserting after subsection
11134(b), as appearing in the 2020 Official Edition, the following new subsection:-
12 (c) Trade secrets or competitively-sensitive or other proprietary information provided in
13the course of activities conducted as a municipal aggregator or by a cooperative consisting of
14governmental entities organized pursuant to this section, when such municipal aggregator or
15cooperative determines that such disclosure will adversely affect its ability to conduct business in
16relation to other entities making, selling or distributing electric power and energy shall not be
17public subject to disclosure under chapter 66; provided, however, that this clause shall not
18exempt a public entity from disclosure required of a private entity so licensed.