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2 | 2 | | HOUSE DOCKET, NO. 2268 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1280 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Francisco E. Paulino |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act regulating insurance coverage for testing and deployment of autonomous vehicles and |
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13 | 13 | | establishing school zone safety protocol. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Francisco E. Paulino16th Essex1/15/2025 1 of 6 |
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17 | 17 | | HOUSE DOCKET, NO. 2268 FILED ON: 1/15/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1280 |
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19 | 19 | | By Representative Paulino of Methuen, a petition (accompanied by bill, House, No. 1280) of |
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20 | 20 | | Francisco E. Paulino relative to insurance coverage for testing and deployment of and school |
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21 | 21 | | zone safety protocol for autonomous vehicles. Financial Services. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act regulating insurance coverage for testing and deployment of autonomous vehicles and |
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28 | 28 | | establishing school zone safety protocol. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 90 of the General Laws is hereby amended by adding the following |
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32 | 32 | | 2sections: |
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33 | 33 | | 3 Section 64. Definitions |
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34 | 34 | | 4 As used in sections 64 to 67, inclusive, the following words shall, unless the context |
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35 | 35 | | 5clearly requires otherwise, have the following meanings: |
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36 | 36 | | 6 "Autonomous Vehicle" or "AV", a motor vehicle equipped with technology that allows |
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37 | 37 | | 7the vehicle to operate without the active control or monitoring of a human operator under |
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38 | 38 | | 8specific conditions. |
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39 | 39 | | 9 "Manufacturer", a person or entity that designs, manufactures, or modifies vehicles to |
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40 | 40 | | 10incorporate autonomous driving technology. 2 of 6 |
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41 | 41 | | 11 "Testing Company", an entity authorized to conduct on-road testing of autonomous |
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42 | 42 | | 12vehicles within the Commonwealth. |
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43 | 43 | | 13 "Cybersecurity Liability Insurance", insurance coverage that protects against financial |
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44 | 44 | | 14and legal risks arising from unauthorized access to or control of vehicle systems or data. |
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45 | 45 | | 15 "Product Liability Insurance", insurance coverage that protects the manufacturer from |
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46 | 46 | | 16liability resulting from defects or malfunctions in the autonomous technology. |
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47 | 47 | | 17 Section 65. Insurance Requirements for Autonomous Vehicles |
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48 | 48 | | 18 (a) Autonomous vehicles operating on public roads in the Commonwealth shall comply |
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49 | 49 | | 19with insurance requirements established by the Division of Insurance (DOI), in consultation with |
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50 | 50 | | 20the Department of Transportation (MassDOT). These requirements shall ensure adequate |
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51 | 51 | | 21coverage for: |
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52 | 52 | | 22 General liability risks associated with AV operations, including testing and deployment. |
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53 | 53 | | 23 Product liability to address claims from defects in autonomous technology. |
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54 | 54 | | 24 Cybersecurity risks, including unauthorized access, hacking, and operational disruptions. |
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55 | 55 | | 25 Personal Injury Protection (PIP), consistent with the Commonwealth’s no-fault insurance |
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56 | 56 | | 26laws. |
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57 | 57 | | 27 Uninsured and underinsured motorist coverage. |
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58 | 58 | | 28 (b) The DOI shall establish minimum coverage amounts, with specific thresholds for |
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59 | 59 | | 29testing and deployment phases, and shall adjust such amounts based on operational profiles and |
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60 | 60 | | 30risk assessments. 3 of 6 |
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61 | 61 | | 31 (c) The DOI and MassDOT shall establish a joint task force to ensure coordination in |
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62 | 62 | | 32implementing insurance and operational requirements, including data sharing and reporting |
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63 | 63 | | 33mechanisms. |
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64 | 64 | | 34 (d) All autonomous vehicle operations, including testing and deployment, shall comply |
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65 | 65 | | 35with the requirements established by the Massachusetts Department of Transportation |
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66 | 66 | | 36(MassDOT), including but not limited to, those set forth under Executive Order 572 and any duly |
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67 | 67 | | 37promulgated regulations or guidelines issued by MassDOT or the Autonomous Vehicles |
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68 | 68 | | 38Working Group. |
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69 | 69 | | 39 Section 66. School Zone Safety Protocols for Autonomous Vehicles |
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70 | 70 | | 40 (a) Speed Restrictions: Autonomous vehicles operating in designated school zones shall |
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71 | 71 | | 41automatically reduce speed to a maximum of 15 miles per hour using geofencing technology. |
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72 | 72 | | 42 (b) Pedestrian Detection and Stop Mechanisms: AVs shall employ pedestrian detection |
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73 | 73 | | 43systems capable of identifying individuals within 50 feet of a crosswalk and stopping when a |
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74 | 74 | | 44pedestrian is detected. |
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75 | 75 | | 45 (c) Prohibition on Testing During Active School Hours: Testing of AVs in school zones |
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76 | 76 | | 46is prohibited during active school hours or high pedestrian traffic periods unless permitted by |
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77 | 77 | | 47MassDOT with enhanced monitoring requirements. Limited testing for the purpose of improving |
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78 | 78 | | 48school zone safety may be allowed under strict supervision and additional safeguards. |
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79 | 79 | | 49 (d) Geofencing for School Buses: AVs shall recognize and respect geofenced zones |
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80 | 80 | | 50around school buses and halt when a bus displays extended stop signs or flashing lights. 4 of 6 |
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81 | 81 | | 51 (e) Municipal Autonomy and Coordination: Municipalities may enact additional |
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82 | 82 | | 52operational requirements for autonomous vehicles, provided such requirements are: |
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83 | 83 | | 53 Consistent with state regulations established under this act; |
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84 | 84 | | 54 Reviewed and approved by MassDOT to ensure uniformity and compliance across the |
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85 | 85 | | 55Commonwealth; and |
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86 | 86 | | 56 Clearly communicated to AV operators at least 60 days prior to enforcement to allow |
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87 | 87 | | 57adequate preparation and compliance. |
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88 | 88 | | 58 Section 67. Additional Provisions and Enforcement |
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89 | 89 | | 59 (a) State-Managed Insurance Pool: |
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90 | 90 | | 60 The DOI shall establish and manage an insurance pool to support AV companies, |
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91 | 91 | | 61distributing risk and providing financial stability for high-risk operations. |
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92 | 92 | | 62 The DOI shall promulgate regulations within 180 days of the effective date of this act, |
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93 | 93 | | 63specifying funding mechanisms, eligibility criteria, and operational guidelines for the insurance |
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94 | 94 | | 64pool. |
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95 | 95 | | 65 (b) Penalties for Noncompliance: |
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96 | 96 | | 66 MassDOT is authorized to enforce compliance with autonomous vehicle regulations, |
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97 | 97 | | 67including the imposition of fines up to $50,000 per violation, suspension of permits, or other |
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98 | 98 | | 68penalties as deemed necessary. |
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99 | 99 | | 69 (c) Public Engagement and Transparency: 5 of 6 |
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100 | 100 | | 70 MassDOT shall establish a public reporting system for autonomous vehicle incidents, |
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101 | 101 | | 71including accidents, near misses, and operational disengagements. |
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102 | 102 | | 72 Annual reports summarizing safety data and regulatory compliance shall be published |
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103 | 103 | | 73and made available to the public. |
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104 | 104 | | 74 MassDOT shall host biannual public forums to engage residents, address concerns, and |
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105 | 105 | | 75provide updates on AV operations. |
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106 | 106 | | 76 (d) Periodic Reviews: |
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107 | 107 | | 77 The DOI, in consultation with MassDOT, shall review and update AV insurance |
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108 | 108 | | 78requirements every three years to reflect advancements in technology and emerging risks. |
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109 | 109 | | 79 (e) Federal Compliance: |
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110 | 110 | | 80 The provisions of this act shall comply with all applicable federal laws and regulations |
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111 | 111 | | 81governing autonomous vehicles. |
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112 | 112 | | 82 (f) Workforce Development and Training: |
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113 | 113 | | 83 The Commonwealth shall allocate funding for workforce development initiatives to train |
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114 | 114 | | 84residents for careers in autonomous vehicle technology, including software development, |
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115 | 115 | | 85maintenance, and regulatory oversight. |
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116 | 116 | | 86 (g) Environmental Impact Standards: |
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117 | 117 | | 87 All autonomous vehicles operating within the Commonwealth shall meet low-emission or |
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118 | 118 | | 88zero-emission vehicle standards as defined by the Massachusetts Department of Environmental |
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119 | 119 | | 89Protection. 6 of 6 |
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120 | 120 | | 90 (h) Emergency Vehicle Interaction Certification: |
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121 | 121 | | 91 Autonomous vehicle operators shall demonstrate the capability to detect and respond to |
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122 | 122 | | 92emergency vehicles and personnel during operational testing. Certification of this capability shall |
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123 | 123 | | 93be required before deployment. |
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124 | 124 | | 94 SECTION 2. This act shall take effect 120 days after its passage. |
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