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SENATE DOCKET, NO. 2241 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 2367
The Commonwealth of Massachusetts
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PRESENTED BY:
Brendan P. Crighton
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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 third party delivery data reporting.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexJames B. EldridgeMiddlesex and Worcester3/6/2023 1 of 5
SENATE DOCKET, NO. 2241 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 2367
By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2367) of Brendan P. Crighton and
James B. Eldridge for legislation relative to third party delivery data reporting. Transportation.
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 third party delivery data reporting.
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. Section 1 of Mass General Laws Chapter 159B is amended by adding the
2following definitions:
3 “Third Party Delivery Provider”, a delivery service on which a customer can view items
4for sale and place an online order for the delivery or same-day pick-up of food or eligible retail
5goods, operated by a party that does not own the food service establishment.
6 “Third Party Delivery Driver”, any person contracted by a third party delivery provider,
7for compensation, to deliver goods over irregular routes, to and from various points within the
8commonwealth, not based upon a predetermined schedule, and from different establishments.
9 SECTION 2. Said chapter 159B is hereby further amended by adding the following
10section:- 2 of 5
11 Section 13. (a) On the first day of each month, each third party delivery provider shall
12submit to the division, in a format approved by the division, data related to each delivery
13provided in the month prior to the previous month and shall include:
14 (i) (A) the mode of transportation for each delivery order, including but not limited to,
15motorcycle, electric motorcycle, moped, electric moped, bicycle, electric bicycle, micro-
16mobility, or other vehicle. If the delivery order is completed by a vehicle, they shall include
17whether the vehicle is propelled by internal combustion, battery-sourced electricity or a hybrid;
18(B) the latitude and longitude for the points of the delivery order origination and delivery order
19termination, calculated to 0.001 decimal degrees; (C) the date and time of the origination and
20termination, calculated to the nearest minute; (D) the total cost paid by the buyer for the delivery
21order; (E) the total cost paid by the restaurant or retail establishment for the delivery order; (F)
22the customer service fee ; (G) the delivery fee; (H) the universally-unique identifier associated
23with the third party delivery driver; (I) the third party delivery driver’s city or town of residence
24as appearing on the driver’s license; (J) whether there were any driver or buyer-initiated
25cancellations; (K) the total time that the third party delivery driver spent on the way to pick up
26the delivery order by increments of 60 seconds; (L) the total time that the third party delivery
27driver spent stopped to pick up the delivery order by increments of 60 seconds; (M) the total time
28that the third party delivery driver spent driving to deliver the order by increments of 60 seconds;
29(N) the total time that the third party delivery driver spent delivering the order by increments of
3060 seconds;
31 (ii) for all vehicles, third party delivery providers shall include (A) the vehicle license
32plate; (B) the vehicle make, model, year and, if available, trim; (C) the vehicle identification
33number; (D) the total number of minutes and miles while the vehicle was driving to pick up third 3 of 5
34party delivery orders; (D) the total number of minutes parked while picking up third party
35delivery orders; (E) the total number of minutes and miles while the vehicle was engaged in third
36party deliveries; (G) the total number of minutes while parked delivering third party delivery
37orders; (F) the total number of minutes and miles while the vehicle was logged into the third
38party delivery provider’s digital network for purposes of accepting a delivery order; (G) the
39geographic position of the vehicle while logged into the third party delivery network, provided at
40intervals of not less than every 60 seconds;
41 (iv) for each accident or crash involving a third party delivery driver while logged into
42the third party delivery vehicle’s digital network: (A) the latitude and longitude of the location of
43the accident or crash, calculated to 0.001 decimal degrees; (B) the date and time of the accident
44or crash, calculated to the nearest minute; and (C) the universally-unique identifier associated
45with the third party delivery driver.
46 (b) The division shall obtain additional data from third party delivery providers for the
47purposes of congestion management, which may include, but shall not be limited to: (i) the total
48number of third party delivery drivers that utilized the third party delivery vehicle’s digital
49network within specified geographic areas and time periods as determined by the division; (ii)
50the total time spent and total miles driven by third party delivery drivers in such geographic areas
51or time periods as determined by the division: (A) while engaged in driving on the way to pick
52up a delivery order; (B) while picking up a delivery order from a restaurant or retail
53establishment; (C) while engaged in driving to deliver a delivery order; or (D) while delivering
54an order to the buyer. 4 of 5
55 The division shall promulgate regulations relative to data collection pursuant to this
56subsection prior to obtaining the data.
57 (c) Annually, not later than June 30, the division shall post on its website, in aggregate
58form, the total number of deliveries provided by all third party delivery providers that originated
59in each city or town, each city or town where the deliveries originating in each city or town
60terminated and the average miles and minutes of the deliveries that originated in each city or
61town and terminated in each other respective city or town.
62 (d) For the purposes of congestion management, transportation planning, or emissions
63tracking, the division may enter into confidential data-sharing agreements to share de-identified,
64trip-level data received by the division pursuant to this section with the executive office of
65technology services and security, the executive office of energy and environmental affairs, the
66Massachusetts Department of Transportation, the Massachusetts Port Authority, the
67Massachusetts Bay Transportation Authority, the department of environmental protection, a
68Massachusetts regional transit authority established under section 3 of chapter 161B, a
69Massachusetts regional planning agency and a Massachusetts metropolitan planning
70organization. The division shall prescribe the form and content of a confidential data-sharing
71agreement, the manner of transmitting the information and the information security measures
72that must be employed by any entity receiving the data. Any confidential data-sharing agreement
73shall specify that the information provided by the division shall be aggregated and de-identified
74and may be used only for the purposes set forth in the agreement. Any data received by an entity
75from the division through a confidential data-sharing agreement under this subsection shall not
76be considered a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66
77and shall not be disclosed to any person or entity other than those listed or described in the 5 of 5
78confidential data-sharing agreement; provided, however, that a state or municipal government
79agency or transportation planning entity may disclose conclusions and analyses derived from the
80information and data received pursuant to a confidential data-sharing agreement.
81 (e) A violation of the terms of a confidential data-sharing agreement by an entity listed in
82subsection (d) may result in the division declining to enter into future confidential data-sharing
83agreements with the violating entity and in the termination of any existing data-sharing
84agreement with the entity. The division shall notify each third party delivery providers whose
85data was shared in violation of the terms of a confidential data-sharing agreement of the violating
86entity and what data was shared. An entity listed in subsection (d) that violates the terms of a
87confidential data-sharing agreement shall delete all data received as a result of the confidential
88data-sharing agreement.