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HOUSE DOCKET, NO. 2831 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3446
The Commonwealth of Massachusetts
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PRESENTED BY:
Jennifer Balinsky Armini
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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 voices in gas utility work.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jennifer Balinsky Armini8th Essex1/16/2025 1 of 3
HOUSE DOCKET, NO. 2831 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3446
By Representative Armini of Marblehead, a petition (accompanied by bill, House, No. 3446) of
Jennifer Balinsky Armini for legislation to further regulate the opening of streets or the use of
public ways by gas companies. Telecommunications, Utilities and Energy.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to municipal voices in gas utility work.
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 of the General Laws is hereby amended by striking section 70
2and inserting in place thereof the following:-
3 Section 70. (a) A gas company may, with the written consent of the city council of a city
4or the select board of a town, dig up and open the ground in any of the streets, lanes and
5highways of a city or town, so far as necessary to accomplish the objects of said corporation; but
6such consent shall not affect the right or remedy to recover damages for an injury caused to
7persons or property by the acts of such corporation. It shall ensure that all such streets, lanes and
8highways are in as good repair as when they were opened; and upon failure to do so within a
9reasonable time, shall be guilty of a nuisance.
10 (b) For the purposes of this section, damage to property shall include (i) any tree on
11public property damaged or killed by gas migrating into the critical root zone of such tree,
12defined as the area measured from the trunk of a tree at a radius of 1 foot per inch of the diameter 2 of 3
13of the tree at 4.5 feet above grade; or (ii) damage by construction during the course of repairing
14or replacing gas infrastructure.
15 (c) As a condition of granting consent as provided in subsection (a) or consenting to a
16grant of location, a city council or select board may require a gas company to provide the
17following information within 30 days of request: (i) a list by street segment of the proposed
18project; (ii) the age and condition of gas pipelines; (iii) the type and size of pipeline material; (iv)
19the pipeline pressure; (v) the number of leaks within the city or town having a significant
20environmental impact and the status and timeframe of their expected repair; (vi) probable cause
21of such leaks, including defect, deterioration, or damage in pipe material or joint; (vii) estimated
22cost and timeframe for making any repairs to, or replacement of, existing pipelines, including
23estimated commencement date and completion date of such construction; (viii) whether a gas
24main is being extended, repaired, replaced, or retired as part of the proposed project; (ix) where
25and how many leaks are in the sections where work will be performed; (x) the purpose of work
26to be performed, such as upcoming municipal roadwork, extension of service to new
27development, or repair, replacement, or retirement of leak-prone pipeline; (xi) whether any
28replacement will increase pipeline capacity; (xii) any anticipated risks or hazards from such
29repair or replacement; and (xiii) such other information as the city council or select board may
30reasonably require in order to make an informed consent.
31 (d) On written petition of a city council of a city or of a select board of a town aggrieved
32by the failure or refusal of a gas company to comply with a request made by said city council or
33select board pursuant to subsection (c), the department shall, after notice to such gas company to
34appear at a time and place therein named to show cause why the prayer of such petition should
35not be granted and after determining that the gas company has failed to comply with the 3 of 3
36requirements of subsection (c), issue an order directing such gas company to provide the
37petitioner with the information requested, upon such terms as are reasonable.
38 (e) Nothing in this section shall prevent a municipality from further regulating the
39opening of streets or the use of public ways by a gas company in a manner that is otherwise
40consistent with the laws and regulations of the commonwealth, or from conditioning the consent
41of such municipality to dig up and open the ground in a manner that is otherwise consistent with
42the laws and regulations of the commonwealth.
43 SECTION 2. Section 145 of chapter 164, as amended by chapter 239 of the acts of 2024,
44is hereby amended by inserting at the end thereof the following subsection:-
45 (i) Within 3 days of submission of any plan by a gas company to the department for
46repair, replacement, improvement or retirement of any existing infrastructure pursuant to this
47section, a gas company shall send such plan including identification and prioritization of affected
48street segments to the municipality whose service territory is covered by such plan, as a
49condition of approval by the department of such plan. Within 90 days of receipt of such plan,
50such municipality may provide the gas company with comments and questions about such plan.
51Within 15 days of receipt of such comments and questions, the gas company shall respond to
52questions posed by such municipality about such plan. Within 3 days of approval of such plan
53by the department, the gas company shall send such approval to the municipality whose service
54territory is covered by such plan. Costs for a non-emergency project whose plan was not
55submitted for review by the affected municipality pursuant to this section shall be determined by
56the department as not reasonably incurred pursuant to subsection (f).