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SENATE DOCKET, NO. 722 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 1305
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Lydia Edwards
_________________
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 establishing protections and accountability for Delivery Network Company workers,
consumers, and communities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Lydia EdwardsThird SuffolkMichael D. BradySecond Plymouth and Norfolk3/5/2025Patricia D. JehlenSecond Middlesex3/5/2025John F. KeenanNorfolk and Plymouth3/5/2025James B. EldridgeMiddlesex and Worcester3/5/2025 1 of 55
SENATE DOCKET, NO. 722 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 1305
By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1305) of Lydia Edwards, Michael
D. Brady, Patricia D. Jehlen, John F. Keenan and others for legislation to establish protections
and accountability for Delivery Network Company workers, consumers, and communities.
Labor and Workforce Development.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act establishing protections and accountability for Delivery Network Company workers,
consumers, and communities.
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. The General Laws are hereby further amended by inserting after section
2148D of chapter 149 the following section:-
3 Section 148E. Application-based delivery workers.
4 (a)Definitions. As used in this chapter, the following words shall have the following
5meanings unless the context clearly requires otherwise:
6 “Application-based delivery worker”, a person who works as a Delivery Network
7Company courier by logging onto a digital network through an on-line enabled application or
8platform of a Delivery Network Company using any form of transportation approved by the
9Delivery Network Company for use on its platform; provided, however, that an “application- 2 of 55
10based delivery worker” shall be presumed an employee of the network company, consistent with
11section 148B of Chapter 149, for all intents and purposes; and provided, however, that
12 “Assigned time rate”, the minimum hourly wage rate owed to an application-based
13delivery worker for all periods in which they are performing duties included in assigned time as
14defined below.
15 “Assigned time”, all time between the acceptance of a Delivery Network Company
16dispatched assignment until that assignment is completed and the application-based delivery
17worker: (i) has returned to the worker’s base location utilizing the route designated by the
18Delivery Network Company; (ii) is dispatched to a new assignment, which shall initiate a new
19period of productive time; or (iii) turns the platform off, whichever occurs first. Assigned time
20includes any time spent performing tasks required for a delivery, including product selection,
21packaging, and/or loading a delivery for transportation, as well as any time spent transporting a
22delivery from its original location to the designated delivery location.
23 An application-based delivery worker may not be required to turn off the platform so
24long as they return to the DNC’s base location as prescribed by the DNC without an intentional
25delay or detour after completing an assigned delivery. The Department of Labor Standards shall
26develop regulations addressing the parameters for when a DNC may require an application-based
27worker to turn off the platform.
28 “Base location”, the geographic location set as a reporting hub by each Application-
29Based Delivery Worker upon commencing work by turning on the application and certifying that
30they are ready, able and willing to accept an assignment and commence work immediately. As
31part of certification, each application-based delivery worker shall set his/her/their base location. 3 of 55
32Nothing herein shall prohibit a municipality from establishing additional regulations for
33reporting hubs within their municipal limits.
34 “Basic minimum wage”, the minimum wage established pursuant to section 1 of chapter
35151.
36 “Delivery Assignment”, all tasks and duties required to complete an assignment by a
37Delivery Network Company, including product selection, packaging, and/or loading a delivery
38for transportation, as well as transportation from the site of pick-up to the location assigned for
39drop off.
40 “Delivery Network Company”, a corporation, partnership, sole proprietorship or other
41entity that utilizes a digital network to assign application-based delivery workers to provide pre-
42arranged delivery services within the Commonwealth.
43 “Deactivation”, the partial or complete recission, suspension or revocation of an
44application-based driver’s access to, and or utilization of, the Delivery Network Company’s
45platform, disallowing him/her/they from receiving assignments from the Company for any period
46of time.
47 “Failure to activate”, the refusal to activate the account of an application-based delivery
48worker seeking to provide labor and services on the DNC platform.
49 “Standby time”, any time, other than assigned time, in which an application-based
50delivery worker is on a Delivery Network Company application or platform and is ready, able
51and willing to accept assignments, including operating in a vehicle or other mode of 4 of 55
52transportation approved by the Delivery Network Company, to render service and from their
53designated base location.
54 “Vehicle”, an automobile or motorcycle as defined by General Laws Chapter 90, Section
551, and a motorized bicycle, an electric bicycle, a motorized standing scooter, an electric standing
56scooter, or an unmotorized bicycle or standing scooter used by an app-based delivery worker to
57make deliveries.
58 “Working time”, the combination of assigned time and standby time.
59 (b) The minimum applicable hourly wage for application-based delivery workers shall be
60equal to the basic minimum wage for all working time or, if the application-based delivery
61worker holds unfettered discretion to log on and off of the Delivery Network Company
62application or platform at dates, times of day and hours of their choosing, then the minimum
63applicable hourly wage shall be a minimum hourly wage rate of 150 per cent of the basic
64minimum wage for all assigned time. The rate established pursuant to this section shall ensure
65that application-based delivery workers, on average, earn compensation for the first 40 hours of
66working time in each 7-day week equal to not less than the basic minimum wage, including all
67standby time.
68 An application-based delivery worker’s average hourly wage rate within a 7-day
69workweek at the basic minimum wage or worker’s actual average wage, whichever is greater,
70shall constitute the worker’s regular rate of pay for the purposes of section 1A of chapter 151.
71 (c) Each Delivery Network Company operating in commonwealth shall provide
72contemporaneous payroll data for each application-based delivery worker by base location in an 5 of 55
73electronic, searchable form and any other materials, requested by department of labor standards
74or attorney general necessary to demonstrate compliance with this chapter.
75 Data provided shall include: (i) the number of hours of assigned time within a pay period;
76(ii) the number of hours of standby time within a pay period; (iii) the number of hours working
77time within a pay period; (iv) the assigned time rate in effect for the pay period; (iv) any
78additional incentives or premiums rates paid to the application-based delivery worker for the pay
79period and the number of hours the incentive was in effect during the pay period; (v) any
80deductions permissible under chapters 149 and 151 within the pay period; (vi) the average wage
81rate for all working time within the pay period; and (vii) other such information as directed by
82the department or attorney general.
83 Aggregated de-identified information regarding average assigned time compensation,
84average premium compensation, hours worked, the number of drivers or couriers employed by
85each Delivery Network Company and regional variations in the quantity and length of
86assignments shall be published each quarter by the department. This information shall include,
87but not be limited to, the: (i) average number of hours of working time by base location; (ii)
88average number of hours of standby time by base location; (iii) average number of hours of
89assigned time by base location; (iv) average hourly wage rate paid during each weekly pay
90period for assigned time only per application-based delivery worker within each month; and (v)
91average hourly wage rate paid to per application-based delivery worker for all working time in
92each weekly pay period within each month.
93 (d) Delivery Network Companies may elect to pay at least basic minimum wage for all
94working time or to adopt the premium rate established under subsection (b) for assigned time so 6 of 55
95long as on average each application-based delivery worker makes at least the basic minimum
96wage for all working time under 40 hours within a workweek and at least the wage under section
971A of chapter 151 for all hours worked within a workweek in excess of 40 hours.
98 (e) The mileage reimbursement standard for application-based delivery workers utilizing
99their own vehicles shall be: (i) the standard mileage rate established by the federal Internal
100Revenue Service for all miles driven during an application-based delivery worker’s working
101time; or (ii) 150 per cent of said standard mileage rate for all miles driven during assigned time.
102 This reimbursement rate for mileage during assigned time shall remain in effect until the
103department of labor standards issues regulations, in consultation with attorney general, setting a
104revised reimbursement rate at the premium rate multiplier on said standard mileage rate for all
105miles driven during assigned time.
106 Delivery Network Companies shall provide all data sought by the department and
107attorney general, including, but not limited to, application-based transportation mileage data and
108any preventative maintenance data maintained by companies who lease vehicles to drivers for
109use. The department and attorney general may also require Delivery Network Companies to
110provide data solicited from application-based delivery workers concerning work-related
111expenses including, but not limited to, preventative maintenance, repairs and gasoline costs. The
112department and attorney general may rely on this data as well as other relevant sources in
113promulgating regulations.
114 (f) A violation of this Section shall be enforceable under section 150 of chapter 149.
115 (g) Application-based delivery workers shall be presumed to be employees under the
116General Laws. 7 of 55
117 (h) Delivery Network Companies shall provide accidental liability coverage to each
118application-based delivery worker during their working time of not less than $1,000,000 per
119occurrence and $3,000,000 in aggregate consistent with SECTION 3Section 5(a)] and SECTION
12015 [amended c. 175 s. 228] of this Act.
121 (i) A Delivery Network Company, or their agent, or any other person shall not penalize or
122otherwise retaliate against an application-based delivery worker in any way, including, but not
123limited to, adversely impacting an application-based delivery worker’s terms and condition of
124employment, as a result of any action on the part of the worker to secure their rights under this
125Section.
126 Any Delivery Network Company, or their agent, or any other person who deactivates or
127in any other way discriminates against an application-based delivery worker because such
128worker has made a complaint to the attorney general or any other person, or assists the Attorney
129General or any other agency in an investigation under this chapter, or has instituted, or caused to
130be instituted, any proceeding under or related to this chapter, or has testified or is about to testify
131in any such proceedings, shall have violated this chapter and shall be subject to a civil penalty or
132order as provided in section 27C of chapter 149.
133 Any current or former application-based delivery worker aggrieved of a violation of this
134section may, within 2 years of such alleged violation, institute a civil action in superior court.
135The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to
136restrain continued violation of this section; (ii) reinstate the employee to the same position held
137before the retaliatory action or to an equivalent position; (iii) compensate the employee for 3 8 of 55
138times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order
139payment by the employer of reasonable costs and attorneys' fees.
140 SECTION 2. SECTION 1 shall take effect on 1 January, 2026.
141 SECTION 3. The General Laws are hereby amended by adding Chapter 159 ¾ after
142Chapter 159A½:
143 Section 1. Definitions.
144 “Application-based delivery worker”, a person who works as a Delivery Network
145Company courier by logging onto a digital network through an on-line enabled application or
146platform of a Delivery Network Company using any form of vehicle approved, but not owned or
147leased by, by the Delivery Network Company for use on its platform; provided, however, that an
148“application-based transportation worker” shall be presumed an employee of the network
149company, consistent with section 148B of chapter 149, for all intents and purposes.
150 “Assigned time rate”, the minimum hourly wage rate owed to an application-based
151delivery worker for all periods in which they are performing duties included in assigned time as
152defined below.
153 “Assigned time”, all time between the acceptance of a Delivery Network Company
154dispatched assignment until that assignment is completed and the application-based delivery
155worker: (i) has returned to the worker’s base location utilizing the route designated by the
156Delivery Network Company; (ii) is dispatched to a new assignment, which shall initiate a new
157period of productive time; or (iii) turns the platform off, whichever occurs first. Assigned time
158includes any time spent performing tasks required for a delivery, including product selection, 9 of 55
159packaging, and/or loading a delivery for transportation, as well as any time spent transporting a
160delivery from its original location to the designated delivery location.
161 An application-based delivery worker may not be required to turn off the platform so
162long as they return to the DNC’s base location as prescribed by the DNC without an intentional
163delay or detour after completing an assigned delivery. The Department of Labor Standards shall
164develop regulations addressing the parameters for when a DNC may require an application-based
165worker to turn off the platform.
166 “Base location”, the geographic location set as a reporting hub by each Application-
167Based Delivery Worker at upon commencing work by turning on the application and certifying
168that they are ready, able and willing to accept an assignment and commence work immediately.
169As part of certifying availability, each application-based delivery worker shall set his/her/their
170base location. Nothing herein shall prohibit a municipality from establishing additional
171regulations for reporting hubs within their municipal limits.
172 “Basic minimum wage”, the minimum wage established pursuant to section 1 of chapter
173151.
174 “Delivery Assignment”, all tasks and duties required to complete an assignment by a
175Delivery Network Company, including product selection, packaging, and/or loading a delivery
176for transportation, as well as transportation from the site of pick-up to the location assigned for
177drop off.
178 “Delivery Network Company”, a corporation, partnership, sole proprietorship or other
179entity that utilizes a digital network to assign application-based delivery workers to provide pre-
180arranged delivery services within the Commonwealth. 10 of 55
181 “Deactivation”, the partial or complete recission, suspension, restriction, or revocation of
182an application-based driver’s access to, and or utilization of, the Delivery Network Company’s
183platform, disallowing him/her/they from receiving assignments from the Company for any period
184of time.
185 “Department”, the Department of Public Utilities.
186 “Division”, the Delivery Network Company and Transportation Network Company
187Division, formerly the “Transportation Network Company Division” established pursuant to
188section 23 of chapter 25, within the Department of Public Utilities.
189 “Failure to activate”, the refusal to activate the account of an application-based delivery
190worker seeking to provide labor and services on the DNC platform.
191 “Standby time”, any time, other than assigned time, in which an application-based
192delivery worker is on a Delivery Network Company application or platform and is ready, able
193and willing to accept assignments, including operating in a vehicle or other mode of
194transportation approved by the Delivery Network Company, to render service and from their
195designated base location.
196 “Vehicle”, an automobile, motorcycle, or scooter as defined by Section 1 of Chapter 90,
197and a motorized bicycle, an electric bicycle, a motorized standing scooter, an electric standing
198scooter, or an unmotorized bicycle or standing scooter used by an app-based delivery worker to
199make deliveries.
200 “Working time”, the combination of assigned time and standby time. 11 of 55
201 Section 2. Name Change, Expanded Jurisdiction and Authority of Transportation
202Network Company Division Over Delivery Network Companies and Application-Based
203Delivery Workers.
204 Section 2. (a) The Delivery Network Company and Transportation Network Company
205Division and have the following additional jurisdiction and authority over Delivery Network
206Companies and their Application-Based Delivery Workers.
207 The division shall have jurisdiction over Delivery Network Companies to ensure the
208safety, accessibility and convenience of the public, the cost effectiveness and reliability of
209service and accountability of these companies to the commonwealth and to consumers as
210expressly set forth in this chapter.
211 The division shall implement and enforce this section and establish regulations, service
212quality metrics and guidance necessary for enforcement.
213 (b) In consultation with the registry of motor vehicles, the division shall provide for the
214establishment of removable decals to be issued Delivery Network Companies, in a form and
215manner prescribed by the division, to delivery network drivers to designate a vehicle as a
216delivery network vehicle for law enforcement and public safety purposes. The decal shall be
217applied to both the front and back panels of a vehicle at all times while the vehicle is providing
218delivery network services. A delivery network driver who provides delivery network services
219using the digital network of more than 1 Delivery Network Company shall display the respective
220decals for each Delivery Network Company while the vehicle is providing delivery network
221services. A delivery network driver who ceases to be certified to provide delivery network 12 of 55
222services for any reason shall return the decal within 14 days of that cessation to the respective
223Delivery Network Company in the manner and form prescribed by the division.
224 (c) In consultation with the commissioner of insurance, the division shall implement the
225insurance policy requirements established in section 228 of chapter 175 of this Act and Section
2265(a) below for application-based delivery workers, as defined by SECTION 3 of this Act.
227 (d)(1) A Delivery Network Company shall provide clear and conspicuous delivery cost
228estimates to customers and to application-based delivery workers, respectively, at all times,
229including any premium charges, for high volume and high demand times. Estimates shall include
230a clear rate estimate, any differential pay for shopping, packaging, loading, or delivery functions
231and the amount of any increase in delivery charges resulting from surge pricing or increased
232demand.
233 (2) At the termination of each delivery, a Delivery Network Company shall provide
234notices of payment to application-based delivery workers and receipts to customers, respectively,
235which shall contain detailed, itemized information pursuant to this section. Such information
236shall be available electronically through the Delivery Network Company’s digital application
237and on its website platform and shall remain available to the customer and application-based
238delivery workers so long as such customers and workers maintain an account on the application
239or site, even where an application-based delivery worker is deactivated from the application or
240where a customer is partially restricted or prohibited from further use. Failure to provide an
241accurate receipt or notice of payment may be the subject of a consumer or application-based
242delivery worker complaint to the division. 13 of 55
243 (3) Information required to be provided to Delivery Network Companies’ customers shall
244include: (i) the total payment made to the Delivery Network Company by the customer for the
245delivery; (ii) the total labor cost for the delivery charged to the customer; (iii) the number of
246miles driven for the delivery; (iv) any surge pricing, additional charges, fees, taxes and tips, in
247addition to the Delivery Network Company’s base rate charged for the ride; and (v) the start
248location and the end location.
249 (4) Information required to be provided to application-based delivery workers shall
250receive: (i) the geographic start and end date of the delivery; (ii) the number of miles driven for
251the delivery; (iii) the total payment made to the Delivery Network Company by the customer for
252the delivery; (iv) the base payment received by the application-based delivery worker per the
253delivery; (v) any additional differential paid for any phase of services rendered such as shopping,
254packing and delivery – to the application-based delivery worker; (vi) mileage reimbursements
255received by the application-based delivery worker for the delivery; (vii) any surge payment
256received by the application-based delivery worker for the delivery; (viii) any bonus payment
257received by the application-based delivery worker for the delivery; (ix) any tip remitted by the
258customer to the by the application-based delivery worker; (x) any deductions from compensation
259to the application-based delivery worker; (xi) any credits received toward multi-ride or aggregate
260bonuses or loyalty programs for the delivery; and (xii) the gross base payment received by the
261Delivery Network Company per the delivery.
262 (5) At the end of each continuous 7-day work period, a Delivery Network Company shall
263provide clear, contemporaneous and accurate records to application-based delivery workers of
264their gross and net earnings for each period of working time during the week, consistent with
265chapters 149 and 151 of the General Laws. 14 of 55
266 (f) Delivery Network Companies shall provide, on a quarterly basis, data pertaining to
267their Delivery Network Company on the following:
268 (1) The number of application-based delivery workers working in the commonwealth
269organized by municipality in which the base location is located ;
270 (2) The number and percentage of application-based delivery workers whose average
271weekly working time as defined by SECTION 3 of this Act exceeds: (A) 0-15 hours; (B) 15
272hours; (C) 30 hours; (D) 40 or more hours organized by base location.
273 (3) The number of vehicles utilized for Delivery Network Company work in the
274commonwealth aggregated by the municipality in which the base location for each delivery
275worker are located (hereinafter “by municipality”) as defined by SECTION 3 of this Act.
276 (4) The number of application-based delivery workers making deliveries in the
277commonwealth aggregated by municipality ;
278 (5) The number of automobiles and motorcycles utilized for Delivery Network Company
279work in the commonwealth aggregated by municipality;
280 (6) The number of battery- and electric bicycles and standing scooters utilized for
281Delivery Network Company work in the commonwealth aggregated by municipality;
282 (7) The number of non-motorized bicycles and other non-motorized transportation
283utilized for Delivery Network Company work in the commonwealth aggregated by municipality;
284 (8) The number of trips taken in the commonwealth by application-based delivery
285workers organized aggregated by municipality ; 15 of 55
286 (9) The average number of miles per delivery organized aggregated by municipality;
287 (10) The average cost per delivery for the Delivery Network Company by municipality;
288and
289 (11) The number of hours a day surge or heightened pricing was in effect by
290municipality.
291 (12) The total miles(i) driven by automobiles and motorcycles aggregated by
292municipality; (ii) driven by battery powered- and electric-bicycles and standing scooters, and (iii)
293driven by non-motorized bicycles and other non-motorized transportation organized by
294municipality in which base location is situated.
295 Every Delivery Network Company shall file with the division and shall plainly print and
296keep open to public inspection schedules showing all classes of rates, as well as itemized
297schedules of premiums, surcharges and other fees included but, not limited to, surge pricing,
298congestion pricing, any surcharges or fees in effect for any service, of every kind rendered or
299furnished, or to be rendered or furnished, by it within the commonwealth, and all conditions and
300limitations for the use of the same, in such places, within such time, and in such form and with
301such detail as the department may order.
302 Section 2A. The division shall inquire into the rates, charges, policies, practices, safety
303protocols, equipment and services of Delivery Network Companies operating in the
304commonwealth subject to its jurisdiction.
305 (a) No Delivery Network Company shall, except as otherwise provided in this chapter,
306charge, demand, exact, receive or collect a different rate or charge for any service rendered or 16 of 55
307furnished by it, or to be rendered or furnished, from the rate or charge applicable to such service
308as specified in its schedule filed with the department and in effect at the time.
309 No Delivery Network Company shall extend to any person or corporation any rule,
310regulation, privilege or facility except such as are specified in the said schedule and regularly and
311uniformly extended to all persons and corporations under like circumstances for the like, or
312substantially similar service.
313 Unless the division otherwise orders, no change shall be made in any rate or charge, or in
314any rule or regulation or form of contract or agreement in any manner affecting the same as
315shown upon the schedules filed in accordance with this chapter, except after 30 days from the
316date of filing a statement with the division setting forth the changes proposed to be made in the
317schedule then in force and the time when such changes shall take effect, and such notice to the
318public as the division orders, to be given prior to the time fixed in such statement to the division
319for the changes to take effect.
320 The division, for good cause, may allow changes before the expiration of said 30 days,
321under such conditions as it may prescribe, and may suspend the taking effect of changes under
322the circumstances and in the manner provided in the following section. As soon as any such
323changes take effect they shall be plainly identified as amendments and added to existing
324schedules. Amended and new schedules shall be printed and filed with the division and posted on
325the department’s main website, the division’s website, and elsewhere as the division may order.
326 (b) Whenever the division receives notice of any changes proposed to be made in any
327schedule filed by any Delivery Network Company, it shall notify the attorney general and
328appropriate stakeholders, including but not limited to, labor organizations and other non-profit 17 of 55
329corporations who advocate on behalf of application-based delivery workers, provide work-
330related benefits to application-based delivery workers, represent workers in the commonwealth’s
331delivery industries or engage in advocacy to improve the working conditions of low income,
332contingent workers in the commonwealth, including but not limited to application-based delivery
333workers. The division, either upon motion by the attorney general or applicable stakeholders, or
334in its own discretion and after notice, hold a public hearing and make investigations as to the
335propriety of such proposed changes.
336 Notice of such hearing shall be published on both the department’s and the division’s
337website, newspapers and on social media websites as the division may select at least twenty-one
338days before such hearing.
339 Pending any such investigation and the decision thereon, the division may, by order
340served upon the Delivery Network Company affected, suspend, from time to time, the taking
341effect of such changes, but not for more than 10 months in the aggregate beyond the time when
342the same would otherwise take effect. After such hearing and investigation, the division may
343make, in reference to any new rates, charges, rule, regulation or form of contract or agreement
344proposed, an order consistent with its determinations based on the evidentiary record. At any
345such hearing, the burden of proof to show that such change is necessary to obtain a reasonable
346compensation for the service rendered shall be upon the Delivery Network Company.
347Additionally, during the investigation, the Delivery Network Company must provide the
348methods and calculations for setting proposed rates and evidence supporting such a change,
349including, but not limited to, advancing safety, accessibility, and convenience of the public, cost
350effectiveness, reliability of service, and accountability to the commonwealth and to consumers. 18 of 55
351 (c) Every Delivery Network Company shall give notice of any vehicular accident in
352which one of its application-based delivery workers was involved during working time and
353which resulted in property damage over $10,000, injuries requiring medical treatment, or a loss
354of life, to the division within twenty-four hours. For each omission to give such notice, the
355Delivery Network Company shall forfeit not more than $1,000.
356 A division inspector shall investigate promptly any accident which causes the death or
357imperils the life of any person, and shall report thereon to the division, and may investigate any
358other accident.
359 The division, through its commissioners or by employees duly authorized, may examine
360all books, contracts, records, documents, papers and memoranda of any or Delivery Network
361Company, and by subpoena duces tecum compel the production thereof, or of duly verified
362copies of the same or any of them, and compel the attendance of such witnesses as the division
363may require to give evidence at any such examination.
364 (d) Whenever the division believes, after holding a hearing in its discretion or upon
365complaint by an application-based delivery worker or consumer, that:
366 (1) Any Delivery Network Company rates, fares or charges for any services performed
367within the commonwealth, or a Delivery Network Company’s policies or practices affecting such
368rates, are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in
369violation of any provision of law or insufficient to yield reasonable compensation for the service
370rendered, the division shall determine the just and reasonable rates, fares and charges to be
371charged for the service to be performed, and shall fix the same by order to be served upon 19 of 55
372Delivery Network Companies, whichever is implicated, by whom such rates, fares and charges
373or any of them are thereafter to be observed.
374 Every such Delivery Network Company shall comply with all requirements established
375by the department and do everything necessary or proper in order to secure absolute compliance
376by all its officers, agents and employees.
377 (2) If a consumer files a complaint with the division concerning any rate, fare or charge
378demanded and collected by any Delivery Network Company for any service performed and the
379division finds after a hearing and investigation conducted pursuant to section 10 of chapter 30A
380that a rate, fare or charge that is unjust, unreasonable, unjustly discriminatory, unduly
381preferential, in any way in violation of any provision of law has been collected for any service,
382the division may order the Delivery Network Company which has collected or paid the same to
383make due reparation to the aggrieved person, with interest from the date of the payment of such
384unjustly discriminatory amount.
385 (3) If an application-based delivery worker complaint is made to the division concerning
386any or Delivery Network Company’s payments, deductions, or other business practices
387regulating application-based delivery workers’ compensation upon which application-based
388delivery workers reasonably rely, and the division finds after hearing and investigation
389conducted pursuant to section 10 of chapter 30A that payments, deductions or other business
390practices are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in
391violation of any provision of law, insufficient to yield reasonable compensation for the service
392rendered, or inconsistent with the estimates provided to application-based delivery workers for
393specific deliveries, the division may order the Delivery Network Company which has collected 20 of 55
394or paid the same to make due reparation to the aggrieved application-based delivery worker, with
395interest from the date of the original payment.
396 Such orders of reparation shall cover only payments made within 3 years before the date
397of filing the petition seeking to have reparation ordered. Such order may be made without formal
398hearing whenever the Delivery Network Company affected shall assent in writing thereto, or file
399or join in a petition therefor. Nothing provided for in this section limits or amends an
400application-based delivery worker’s right to seek redress pursuant to section 151 of chapter 149.
401 (4) An application-based delivery worker may file a complaint with the division over the
402failure of a Delivery Network Company to activate the worker, assign the worker work, or
403otherwise restrict the worker from receiving assignments if the worker otherwise meets all
404prerequisites and certifications required by this chapter. Activation and work assignments shall
405not be denied or restricted on an arbitrary or capricious basis. An application-based delivery
406worker may also file a complaint with the department over a Delivery Network Company’s
407deactivation of the worker if the worker otherwise meets all of the prerequisites and certifications
408required by this chapter. Deactivation shall not be implemented without good cause.
409 The division will hear the merits of the application-based transportation or delivery
410worker’s complaint consistent with section 10 of chapter 30A. The hearing officer may order the
411Delivery Network Company to activate or re-activate the application-based delivery worker’s
412account as well as any other appropriate remedy. A decision of the hearing officer may be
413appealed under said chapter 30A. Nothing in this section shall preclude an application-based
414delivery worker from seeking vindication under common law, other state or federal law
415concerning a Delivery Network Company’s deactivation of or failure to activate an account. 21 of 55
416 A consumer or application-based delivery worker aggrieved by a final order or decision
417of the division pursuant to subsection (d)(1)-(4) of this Section may institute proceedings for
418judicial review in the superior court within 30 days after receipt of such order or decision. Any
419proceedings in the superior court shall, insofar as applicable, be governed by section 14 of
420chapter 30A. The commencement of such proceedings shall not, unless specifically ordered by
421the court, operate as a stay of the division’s order or decision.
422 (5) Any Delivery Network Company, agent or person, who discriminates against any
423application-based delivery worker because such worker has made a complaint to the division or
424any other person or assists the division in any investigation under this section or has instituted or
425caused to be instituted any proceeding under or related to this section, or has testified or is about
426to testify in any such proceedings, shall be deemed to have violated this section and shall be
427punished or shall be subject to a civil citation or order prescribing restitution for all lost wages as
428well as compensatory damages by the division.
429 Any current or former application-based delivery worker aggrieved of a violation of
430section (d) may, within 2 years, institute a civil action in the superior court. The court may: (i)
431issue temporary restraining orders or preliminary or permanent injunctions to restrain continued
432violation of this section; (ii) activate or reactivate the application-based delivery worker to the
433same or to an equivalent position; (iii) compensate the application-based delivery worker for
434three times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order
435payment by the Delivery Network Company of reasonable costs and attorneys' fees.
436 (e) The division shall have supervision of every affiliated company, including but not
437limited to servicing and parent companies, joint ventures or subsidiaries of a Delivery Network 22 of 55
438Company, as hereinafter defined, with respect to all relations, transactions and dealings, direct or
439indirect, and shall make all necessary examination and inquiries and keep itself informed as to
440such relations, transactions and dealings as have a bearing upon the rates, financial condition and
441practices of such Delivery Network Company. Such relations, transactions and dealings,
442including any payments by a Delivery Network Company to such an affiliated company or by
443such an affiliated company to a Delivery Network Company for property owned, leased or used
444by such carrier or such affiliated company for transportation purposes shall be subject to review
445and investigation by the division in any proceeding brought under this chapter, and the division
446may order such affiliated company to be joined as a party respondent with such carrier in such a
447proceeding.
448 (1) Every affiliated company having such relations, transactions and dealings with the
449Delivery Network Company with which it is affiliated shall make such annual or periodic
450reports, and in such form, as the division may by regulation prescribe, in order to give the
451division effective supervision over all such relations, transactions and dealings. Such a report
452may include, if so regulated by the division, service quality metrics, including but not limited to,
453reliability, efficiency, safety and accessibility.
454 (2) Officers and employees of the division may be authorized by it to examine the books,
455contracts, records, documents and memoranda or the physical property of any affiliated company
456subject to this chapter with respect to any relations, transactions or dealings, direct or indirect,
457between such affiliated company and any company so subject, and, for any examination so
458authorized, shall be entitled to full access to the subject matter thereof. No such officer or
459employee shall divulge any fact or information coming to his knowledge during the course of
460such examination unless directed by the division or by the court, or authorized by law. 23 of 55
461 (3) For the purposes of this section, the term “affiliated companies” shall include any
462corporation, society, trust, association, partnership or individual: (a) controlling a Delivery
463Network Company subject to this chapter either directly, by ownership of a majority of its voting
464stock or of such minority thereof as to give it substantial control of such company, or indirectly,
465by ownership of such majority or minority of the voting stock of another corporation, society,
466trust or association so controlling such company; (b) so controlled by a corporation, society,
467trust, association, partnership or individual controlling as aforesaid, directly or indirectly, the
468company subject to such chapter; or (c) standing in such a relation to a company subject to such
469chapter that there is an absence of equal bargaining power between the corporation, society,
470trust, association, partnership or individual and the company so subject, in respect to their
471dealings and transactions.
472 (4) Whenever, in any proceeding before the department under Section 2A the
473reasonableness of any payment, charge, contract, or purchase, sale, obligation or other
474arrangement between a Delivery Network Company and a company related to it as an affiliated
475company, as defined in paragraph (3), shall come into question, the burden of establishing and
476proving the reasonableness of such payment, charge contract, purchase, sale, obligation or other
477arrangement shall be upon such Delivery Network Company.
478 (5) The supreme judicial court shall have jurisdiction in equity to enforce compliance
479with this section and with all orders of the division made under authority thereof.
480 (6) The division, though its duly authorized employees, may annually audit all, or any
481portion of, accounts of any Delivery Network Company or group of Delivery Network
482Companies. 24 of 55
483 (7) No action or order of the division shall in any manner impair the legal duties and
484obligations of a Delivery Network Company or its legal liability for the consequences of its acts
485or of the neglect or mismanagement of any of its agents or servants.
486 (8) If, in the judgment of the division, any or Delivery Network Company violates or
487neglects in any respect to comply with any law, and after written notice by the division,
488continues such violation or neglect or neglects to make returns as required by law, or to amend
489the same when lawfully required so to do, the division shall forthwith present the facts to the
490attorney general for action.
491 (9) Whenever the division is of the opinion that a Delivery Network Company is failing
492or omitting or about to fail or omit to do anything required of it by law or by order of the
493division, or is doing anything or about to do anything or permitting anything or about to permit
494anything to be done, contrary to or in violation of the law or of any order of the division, it shall
495direct its counsel to begin, subject to the supervision of the attorney general, an action or
496proceeding in the supreme judicial court in the name of the division for the purpose of having
497such violations or threatened violations stopped and prevented either by mandamus or injunction.
498 (10) The division’s annual report will include reporting on Delivery Network Company
499activities in the commonwealth, to the same extent as provided for other common carriers
500pursuant to section 43 of chapter 159.
501 (11) The division shall calculate, and the secretary of administration and finance shall
502determine, pursuant to section 3B of chapter 7, the costs associated with the division’s Delivery
503Network Company ratemaking, investigations, oversight and adjudications. The division may
504charge the Delivery Network Company a reasonable fee to cover the costs. 25 of 55
505 (f) A Delivery Network Company shall not raise base delivery rates during a federal or a
506governor-declared state of emergency.
507 (g) In consultation with state police, local law enforcement and the registry of motor
508vehicles, the division shall ensure the safety and annual inspection of vehicles utilized by
509application-based transportation or delivery workers working for transportation network
510companies or Delivery Network Companies, including vehicle inspection pursuant to section 7A
511of chapter 90. An application-based transportation or delivery worker shall obtain a vehicle
512inspection at the driver’s next annual emissions testing or within 12 months of obtaining a
513transportation network company or a Delivery Network Company driver certificate, whichever
514comes first.
515 (h) The department shall ensure the accommodation of riders with special needs. A
516Delivery Network Company shall not impose additional charges or increase charges when
517providing deliveries to persons with disabilities.
518 (k) A Delivery Network Company shall provide an application-based delivery worker’s
519name, picture, and license plate number of the vehicle, if any, in use to a customer on any digital
520network used to facilitate a pre-arranged delivery.
521 (l) In consultation with the department, the Massachusetts Department of
522Transportation’s highway division shall provide for the issuance of electronic toll transponders
523set at the commercial vehicle rate to be issued by Delivery Network Companies to application-
524based transportation or delivery workers. The electronic toll transponders shall be used each time
525an application-based delivery worker provides delivery network services on a toll road, bridge or
526tunnel; provided, however, that the issuance of an electronic toll transponder pursuant to this 26 of 55
527subsection shall not prohibit an application-based delivery worker from establishing or
528maintaining an electronic toll transponder account for personal use.
529 (m) In consultation with the division, Delivery Network Companies shall provide their
530delivery data to the Massachusetts Department of Transportation and the department shall cross-
531reference that data with its toll data to ensure that tolls incurred by an application-based delivery
532worker providing delivery services are paid at the commercial rate through the pay by plate
533system and through the electronic transponder system.
534 (n) A Delivery Network Company shall notify the division upon receipt of information
535that an application-based delivery worker utilizing its network has violated a law or rule or
536regulation related to the provision of delivery services or that the application-based delivery
537worker is not suitable to provide delivery services.
538 (o) If, after the division issued a background check clearance certificate, the division is
539notified by a Delivery Network Company, law enforcement or government entity that an
540application-based delivery worker is unsuitable and the division verifies the unsuitability, the
541division shall immediately revoke or suspend the background check clearance certificate and
542shall notify the application-based delivery worker and each Delivery Network Company who
543issued the application-based delivery worker a certificate that the background check clearance
544certificate has been revoked or suspended. The division shall issue rules and regulations to
545establish a process for an application-based delivery worker to appeal a revocation or suspension.
546The division shall consult labor organizations which represent application-based delivery drivers
547in developing these rules and regulations. The rules or regulations shall include an opportunity 27 of 55
548for a hearing and a decision, in writing, addressing the reasons for overturning or sustaining the
549division’s findings.
550 An application-based delivery worker aggrieved by a final order or decision of the
551division pursuant to this subsection may institute proceedings for judicial review in the superior
552court within 30 days after receipt of such order or decision. Any proceedings in the superior
553court shall, insofar as applicable, be governed by section 14 of chapter 30A. The commencement
554of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the
555division’s order or decision.
556 Section 2B. Delivery Network Companies may be subject to municipal regulation.
557 An application-based delivery worker assigned to a base location–as defined by Section 1
558of this Act– within the limits of a city or town– shall obtain a license for such operation from the
559city council of such city and its mayor or the selectmen of such town, in this chapter called the
560licensing authority. The amount of the fee for any such license shall be determined annually by
561the commissioner of administration under the provision of section 3B of chapter 7 for the filing
562thereof and shall not be unduly burdensome. Such license may limit the number of vehicles to be
563operated thereunder for good cause. Any application-based delivery worker who is receiving a
564license under this section and operating a vehicle or vehicles thereunder, shall, in respect to such
565operation, be subject to such orders, rules or regulations as shall be adopted by the licensing
566authority under this chapter. No license, certificate or permit shall be required under this chapter
567in respect to such carriage of passengers as is exclusively interstate.
568 If any application for a license under this section is not favorably acted upon within a
569period of sixty days after the filing thereof, the applicant may appeal to the division within five 28 of 55
570days following the expiration of said period or, if notice of unfavorable action is sooner given,
571within five days of said notice, upon a petition in writing setting forth all the material facts in the
572case. The division shall hold a hearing on each such appeal, requiring due notice to be given to
573all interested parties. If the division approves the action of the licensing authority, it shall issue
574notice to that effect, but if the division disapproves of said action, it shall act as a licensing
575authority and may issue a license which shall specify the route or routes on which a motor
576vehicle subject to this section may be operated and the number of vehicles which may be
577operated under such license.
578 (a) An application-based delivery worker shall obtain a concurrent license from the
579division. The division shall charge a nominal fee for the issuance of an original permit and for
580the renewal thereof, the amount of which shall be determined annually by the commissioner of
581administration under the provision of section 3B of chapter 7 for the filing thereof.
582 (b) After public notice and hearing, the division or the municipal licensing authority may,
583for good and sufficient reasons to be stated in the order of revocation, revoke in whole or in part
584such a license issued by such authority, but unless within thirty days after any such order of
585revocation, except an order made by the division or licensing authority, the licensee consents
586thereto in writing, such order shall not be valid until approved by the department after public
587notice and hearing.
588 (c) The division may, in order to provide for unusual, sudden or unforeseen delivery
589needs, or to avoid interruption of existing delivery services, issue such temporary application-
590based delivery licenses as it deems a public convenience and necessity to serve more than one
591municipality. An applicant for such temporary license shall serve a copy of the application on the 29 of 55
592town or city that the applicant has designated a base location. All temporary licenses issued
593under this section shall be limited to such period as the department shall specify, not exceeding
594120 days. No such license shall be renewed, nor shall more than one such license for
595substantially the same route be granted to the same person because of the same emergency.
596 (d) Each application-based delivery worker shall at all times, upon request, furnish any
597information required by the division or its duly authorized employees relative to the condition,
598management and operation of Delivery Network Companies for which the worker provides
599delivery services, and shall comply with all lawful orders of the division. Every such application-
600based delivery worker neglecting to provide such information within the time prescribed as
601aforesaid, or to amend said information within 15 days of the date of any notice to do so.
602 (e) The licensing authority in any city or town may, in respect of matters not treated of in
603the provisions of law governing the operation of vehicles or mode of transportation, including
604but not limited to, gas-fueled, motorized cars and scooters, renewable energy-fueled vehicles,
605electric or non-electric bicycles under this chapter or rules established by the department, adopt
606rules and regulations governing such operation. After the adoption of any such rules and
607regulations, any Delivery Network Company operating such a vehicle as authorized by this
608chapter, may petition the division for the alteration, amendment or revocation of any such rule or
609regulation.
610 The division, upon such petition, after notice to the licensing authority and a hearing,
611may alter, amend or revoke such rule or regulation and establish in place thereof rules and
612regulations thereafter to be observed in such city or town. Thereafter, the division, upon its own
613initiative or upon petition of the mayor of such city or the selectmen of such town, or of Delivery 30 of 55
614Network Company in such city or town, may alter, amend or revoke any rule or regulation
615established by the division, and may adopt rules and regulations in substitution thereof.
616 Section 3. (a) All Delivery Network Companies and application-based delivery workers
617shall provide services in the form of a pre-arranged delivery using a digital network. An
618application-based delivery worker providing delivery network services shall not solicit, accept,
619arrange, or provide delivery services in another manner unless otherwise authorized by law.
620 (b) A Delivery Network Company shall apply for a permit to be issued and annually
621renewed by the division. No Delivery Network Company shall operate without a permit issued to
622it by the division.
623 (c) No application for a Delivery Network Company permit may be granted or renewed
624unless the division determines that the rendering of delivery network services by the applicant is
625consistent with the public interest. At a minimum, each applicant for a permit shall verify the
626following:
627 (i) that the applicant has an oversight process in place to ensure that the applicant and
628every application-based delivery worker using the Delivery Network Company's digital network
629possesses adequate insurance coverage, as required by this chapter and section 228 of chapter
630175, and otherwise complies with all laws, rules and regulations concerning transportation
631network vehicles and drivers;
632 (ii) that the applicant has an oversight process in place to ensure that each delivery
633worker using the applicant's digital network has, pursuant to section 4, successfully completed a
634background check, maintains a valid background check clearance certificate, is a suitable driver
635and has a delivery network driver certificate; 31 of 55
636 (iii) that the digital network used by the applicant to pre-arrange deliveries employs a
637clear and conspicuous explanation of the total cost and pricing structure applicable to each pre-
638arranged delivery before the delivery is purchased;
639 (iv) that Delivery Network Companies and delivery workers do not use excessive
640minimum or base rates;
641 (v) that the applicant has an oversight process in place to ensure that tolls incurred by a
642delivery worker providing delivery network services through its digital network are paid at the
643commercial rate including the utilization of the electronic toll transponder issued pursuant to
644subsection (l) of section 2A and the data cross-reference pursuant to subsection (m) of said
645section 2A;
646 (vi) that the applicant has an oversight process in place to ensure that the applicant and
647delivery workers using the applicant's digital network accommodate customers with special
648needs, including customers requiring that deliveries be placed in accessible locations, in all areas
649served by Delivery Network Companies, comply with all applicable laws regarding
650nondiscrimination against customers or potential customers;
651 (vii) that the applicant has a process in place to ensure that it shall: (1) maintain and
652update, pursuant to regulations promulgated by the division, a roster of each application-based
653delivery worker certified by the applicant to provide pre-arranged deliveries using the Delivery
654Network Company's digital network; (2) upon request and with appropriate legal process,
655provide those rosters to the division, the registry of motor vehicles and to state and local law
656enforcement; (3) maintain and update those rosters as required by the division; (4) comply with 32 of 55
657all requests for information from the division regarding the roster, including verification of
658completion of a background check as required pursuant to clause (ii);
659 (viii) that the applicant has established a toll-free customer service hotline that shall be
660capable of responding to delivery worker, and customer questions and complaints and that the
661hotline number shall be conspicuously posted along with the hours of operation on the
662applicant's website and within the applicant's digital network application; provided, however,
663that the division shall develop metrics concerning customer, application-based delivery worker,
664and consumer complaints, which shall be reported quarterly by Delivery Network Companies to
665the division and shall promulgate regulations concerning the investigation of complaints and
666compliance with these metrics;
667 (ix) has established procedures governing the safe provision of services compliant with
668state and federal law to disabled people, including but not limited to services provided to
669individuals with visual impairments and individuals who use mobility devices, including but not
670limited to wheelchairs, crutches, canes, walkers, and scooters; provided, however, that the
671division shall develop metrics concerning the provision of services to the disabled, Delivery
672Network Companies shall be a report quarterly to the division on compliance with the metrics;
673provided, however, that the division shall promulgate regulations concerning the investigation of
674complaints and compliance with these metrics;
675 (x) has established procedures, policies, protocols and practices, including but not limited
676to trainings and the implementation of a panic-button system within the Delivery Network
677Company’s digital platform linked to both the Delivery Network Company and local law
678enforcement, to promote the safety of its application-based delivery workers and customers; 33 of 55
679provided, however, that the division shall develop metrics concerning customer, application-
680based delivery worker and consumer safety-related complaints, training, and implementation and
681utilization of the panic button system which shall be reported quarterly to the division and shall
682promulgate regulations concerning the investigation of complaints and compliance with these
683metrics; and
684 (xi) has an oversight process in place to ensure that application-based delivery network
685workers with vehicles registered outside of the commonwealth meet the requirements of this
686chapter.
687 Provided, however, that the Delivery Network Company’s rosters including the name,
688address, phone, email contacts and base location shall not be a public record subject to disclosure
689under chapter 66.
690 (d) After obtaining the information required under clause (ii) of subsection (c) of section
6912A , the division shall determine whether the application-based delivery worker has committed
692an offense that would disqualify them from providing Delivery Network Company services,
693according to the division’s rules, orders and regulations. The division shall determine if the
694application-based delivery worker applicant is suitable and, if determined to be suitable, shall
695provide the Delivery Network Company and the application-delivery worker with a background
696check clearance certificate. The division shall conduct a background check pursuant to clause (ii)
697of subsection (c) of section 4 not less than annually. If the department finds that an application-
698based delivery worker is not suitable under the annual background check, the division shall
699notify the application-based transportation worker and each Delivery Network Company that the
700background check clearance certificate is revoked or suspended. 34 of 55
701 (e) The division shall calculate and the secretary of administration and finance shall
702determine, pursuant to section 3B of chapter 7, the costs associated with the division’s review of
703an application for a Delivery Network Company operations permit, for renewal of the permit and
704to issue background check clearance certificates, and for oversight, investigation, compliance,
705and enforcement of Delivery Network Company reporting requirements and metrics. The
706department may charge the Delivery Network Company a reasonable fee to cover the costs.
707 Section 4. (a)
708 An application-based delivery worker who seeks to utilize the digital network of a
709Delivery Network Company to provide pre-arranged delivery services shall apply to a Delivery
710Network Company for a Delivery Network Company worker certificate. A person shall not
711provide Delivery Network Company services in the commonwealth without a valid background
712check clearance certificate and a delivery network worker certificate. The delivery network
713worker certificate shall be in a form prescribed by the division which shall include the name,
714picture of the delivery worker, and the license plate number of the motorized vehicle in use, if
715one will be utilized in the course of providing delivery services, and shall post a certificate for
716each Delivery Network Company that has certified the worker on their person in a way that is
717visible to the consumer while delivery services are being provided. A Delivery Network
718Company shall not issue a delivery network worker certificate to a worker applicant unless the
719Delivery Network Company has verified that the worker has received a background check
720clearance certificate from the division. 35 of 55
721 (b) At a minimum, and subject to such other requirements as the division may establish
722by regulation, a Delivery Network Company shall only issue a delivery network worker
723certificate to a delivery worker who:
724 (i) is at least 21 years of age;
725 (ii) if utilizing an automobile or motorcycle to make deliveries, has access to an
726automobile or motorcycle that has been registered in the commonwealth and inspected pursuant
727to section 7A of chapter 90 and regulations promulgated under said section 7A of said section 90
728at a facility licensed by the registry of motor vehicles; or has access to an automobile or
729motorcycle that has been registered in another state, and the automobile or motorcycle complies
730with the inspection requirement of the state where the vehicle is registered; or if utilizing a
731battery-powered or electric bicycle or standing scooter to make deliveries, complies with all
732municipal registration and inspection requirements
733 (iii) complies with insurance requirements established in this Chapter or in section 228 of
734chapter 175;
735 (iv) provides notice to all insurers of the vehicle that the applicant intends to use the
736vehicle to provide delivery network services;
737 (v) is determined to be suitable to perform delivery network services pursuant to
738subsections (c) and (d);
739 (vi) does not appear on the National Sex Offender Registry;
740 (vii) has not had a conviction in the past 7 years for: (1) a sex offense or violent crime as
741defined in section 133E of chapter 127; (2) a crime under section 24 of chapter 90 or been 36 of 55
742assigned to an alcohol or controlled substance education, treatment or rehabilitation program by
743a court; (3) leaving the scene of property damage or personal injury caused by a motor vehicle;
744(4) felony robbery; or (5) felony fraud; and
745 (viii) if operating an automobile or motorcycle, has a driving record that does not include
746more than 4 traffic violations or any major traffic violation, as defined by the division of
747insurance, in the preceding 3 year period.
748 (c) Prior to providing delivery network services, an application-based delivery worker-
749applicant shall be subject to a 2–part background check process to determine if the delivery
750applicant is suitable. The Delivery Network Company shall: (i) conduct a background check and
751disqualify applicants on the basis of a suitability standard to be determined in regulations
752promulgated by the division; and (ii) submit identifying information regarding an applicant to the
753division, which shall refer that information to the department of criminal justice information
754services, which shall obtain all available criminal offender record information, as defined in
755section 167 of chapter 6, and pursuant to section 172 of said chapter 6 and sex offender registry
756information.
757 (d) Not less than 2 times per year, the Delivery Network Company shall conduct a
758background check pursuant to clause (i) of subsection (c) and shall immediately remove an
759application-based delivery worker from its digital network if the worker is found not suitable
760pursuant to the suitability standards to be determined in regulations promulgated by the division.
761 (e) The Delivery Network Company shall immediately suspend a delivery network
762driver's certificate, and notify the division of the suspension, upon learning of and verifying a
763driver's arrest for a crime or a driver's citation for a driving infraction that would render the 37 of 55
764driver unsuitable to provide delivery network services. A Delivery Network Company shall
765report such suspension, in a form and manner prescribed by the division, to the division, which
766shall ensure all Delivery Network Companies that certified that delivery worker take appropriate
767action. Any such suspension may be limited to the period of time necessary to determine whether
768continued provision of delivery network services by the driver is consistent with the public
769interest.
770 (f) In accordance with this section, the division shall quarterly audit the delivery worker
771certification and criminal background check processes of a Delivery Network Company. Non-
772compliance with this section shall constitute cause for the division to suspend or revoke a
773Delivery Network Company permit pursuant to section 6.
774 Section 5. (a) Each transportation network and Delivery Network Company shall carry
775adequate insurance, as required by this herein and section 228 of chapter 175, for each motorized
776vehicle being used to provide delivery services through a Delivery Network Company’s digital
777network.
778 (b) A Delivery Network Company shall carry adequate insurance for each automobile or
779motorcycle being used to provide delivery network services in association with an application-
780based delivery worker’s certificate. An application-based delivery worker shall carry proof of
781adequate insurance provided by a Delivery Network Company for which they provide services,
782as required by section 228 of chapter 175, at all times while delivery services on behalf of a
783Delivery Network Company. In the event of an incident giving rise to personal injury or property
784damage, an application-based delivery worker shall provide insurance coverage information to
785directly interested parties, vehicle insurers and law enforcement. Upon request, a elivery network 38 of 55
786worker shall disclose to directly interested parties, including vehicle drivers, insurers and law
787enforcement whether the delivery worker was providing delivery network services at the time of
788the incident. Nothing in this Section exempts an application-based delivery worker from the
789commonwealth’s minimum vehicle insurance requirements while driving a vehicle at any time
790they are not providing services on behalf of a Delivery Network Company.
791 (c) Motor vehicle liability insurance providers offering coverage to a Delivery Network
792Company to comply with subsection (a) or (b) shall cover all application-based delivery workers
793providing delivery services for compensation on behalf of the Delivery Network Company; their
794insurance policies will cover all times when an application-based delivery worker is driving an
795automobile or motorcycle, logged on to the Delivery Network Company digital network, and are
796available for a delivery assignment, or are utilizing an automobile or motorcycle to transport a
797delivery on behalf of a Delivery Network Company.
798 (d) A Delivery Network Company shall disclose, in writing, to a prospective application-
799based delivery worker, before certifying the application-based delivery worker to provide
800delivery services through the Delivery Network Company digital network: (i) the insurance
801coverage, including the types of coverage and the limits for each coverage, that the Delivery
802Network Company provides while the application-based delivery worker provides delivery
803network services; and (ii) a statement that the application-based delivery worker’s own
804automobile insurance policy does not provide coverage while the driver is providing delivery
805network services.
806 (e) In a claims coverage investigation, a Delivery Network Company, an application-
807based delivery worker and an insurer responding to a claim involving a Delivery Network 39 of 55
808Company shall disclose to each other a clear description of the coverage, exclusions and limits
809provided under an automobile insurance policy maintained under this section and shall cooperate
810to facilitate the exchange of relevant information with directly involved parties including, but not
811limited to, the precise times that an application-based delivery worker logged on and off of the
812Delivery Network Company’s digital network in the 12-hour period immediately preceding and
813in the 12-hour period immediately following the accident.
814 Section 6. (a) The division shall require a Delivery Network Company to maintain certain
815records, in addition to the records required by clause (vii) of subsection (a) of section 3
816including, but not limited to, records pertaining to incidents reported to the Delivery Network
817Company relative to a application-based delivery worker, customer, or other impacted
818individual, records pertaining to accessibility, and records pertaining to pricing. The division
819shall issue guidelines on the content, maintenance, and disclosure of incident reports,
820accessibility data and complaints, and pricing. A Delivery Network Company shall retain the
821incident reports for not less than 7 years. Each Delivery Network Company or applicant to
822operate as Delivery Network Company shall furnish all information and documents related to the
823condition, management and operation of the company upon the division’s request; provided,
824however, that any such request shall be reasonably related to the requirements set forth in this
825chapter and the rules and regulations promulgated under this chapter. The failure to maintain or
826furnish information to the division within a timeline to be determined by the division shall,
827barring a showing of good cause, constitute cause to not issue, suspend or revoke a Delivery
828Network Company permit pursuant to section 6.
829 (b) A Delivery Network Company shall provide to the division a detailed monthly
830accounting of application-based delivery worker and customer complaints received under clause 40 of 55
831(viii) of subsection (a) of section 3 and the actions the company has taken, if any, to resolve said
832complaints.
833 (c) In response to a specific complaint alleging criminal conduct against any application-
834based delivery worker or customer, a Delivery Network Company shall, upon request and after
835being served with appropriate legal process, provide information to a requesting law enforcement
836agency necessary to investigate the complaint, as determined by the law enforcement agency.
837 Delivery Network Companies shall, after being served with appropriate legal process,
838cooperate with law enforcement and provide information related to an alleged criminal incident
839including, but not limited to, delivery-specific details regarding origin and destination, length of
840trip, GPS coordinates of route, delivery worker and/or customer identification and, if applicable,
841information reported to the Delivery Network Company regarding the alleged criminal activity
842by an application-based delivery worker or customer, to the appropriate law enforcement agency
843upon receipt of a specific complaint alleging criminal conduct against any application-based
844delivery worker or customer.
845 (d) Any record furnished to the department shall exclude information identifying
846application-based delivery workers or customers, unless the division explains, in writing, to the
847Delivery Network Company why the information is necessary for the enforcement processes
848established in this chapter.
849 (e) Any record furnished to the department or other state agency by a Delivery Network
850Company pursuant to this chapter including, but not limited to, the roster of permitted
851application-based delivery workers, shall not be considered a public record as defined in clause
85226 of section 7 of chapter 4 or chapter 66. An application for a Delivery Network Company 41 of 55
853permit submitted pursuant to this chapter shall be a public record as defined in said clause 26 of
854said section 7 of said chapter 4 or said chapter 66.
855 Section 7. Nothing in this chapter shall require a Delivery Network Company to issue a
856delivery worker certificate to an application-based delivery worker applicant who fails to meet
857the requirements of this chapter or prevent the Delivery Network Company from suspending,
858revoking or otherwise terminating an application-based delivery worker from its digital network
859for failure to meet the requirements of this chapter.
860 Any application-based delivery worker whose delivery worker certificate is suspended,
861revoked or otherwise terminated or application-based delivery worker applicant who denied a
862delivery worker certificate on the grounds that they do not meet the criteria for certification
863under this Section may appeal the same to the department under Section 2B(o) of this Chapter.
864 Section 8. On the first day of each month, each Delivery Network Company shall submit
865to the division, in a format approved by the division, data related to each pre-arranged delivery
866provided in the month prior to the previous month and shall include for each pre-arranged
867delivery: (i) the latitude and longitude for the points of the origination and termination,
868calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination,
869calculated to the nearest minute; (iii) the total cost paid by the customer for the delivery services;
870(iv) the universally-unique identifier associated with the application-based delivery worker; (v)
871the application-based delivery worker’s city or town of residence as appearing on the driver's
872license; (vi) whether the application-based delivery worker engaged in selection of products,
873packing and transportation or any portion of the service; (vii) whether the customer requested
874any accommodations for special needs; (viii) whether the application-based delivery worker 42 of 55
875provided the accommodation; (ix) whether there were any application-based delivery worker or
876customer-initiated cancellations; (x) the total time that the application-based delivery worker
877spent selecting, packing or on the way to pick up the items for delivery; (xi) the total time that
878the application-based delivery worker spent providing the pre-arranged delivery services; (xii)
879the geographic position of the vehicle during the entire duration of the pre-arranged delivery,
880provided at intervals of not less than every 60 seconds of the pre-arranged delivery; (xiii) the
881total mileage driven by the application-based delivery worker while on the way to pick up the
882delivery; (xiv) the total mileage driven by the application-based transportation worker while
883providing the pre-arranged delivery service; (xv) the application-based delivery worker’s vehicle
884license plate; (xvi) whether the pre-arranged delivery was advertised by the Delivery Network
885Company as providing expedited or other premium service; and (xv) the type of vehicle utilized
886by the application-based transportation worker for the delivery.
887 (b) The division may obtain additional delivery data from a Delivery Network Company
888for the purposes of congestion management, which may include, but shall not be limited to: (i)
889the total number of application-based delivery workers that utilized the Delivery Network
890Company digital network within specified geographic areas and time periods as determined by
891the division; and (ii) the total time spent and total miles driven by application-based delivery
892workers in such geographic areas or time periods as determined by the Department while (A) on
893the way to pick up a delivery or (B) engaged in a delivery. The Department shall promulgate
894regulations relative to data collection pursuant to this subsection prior to obtaining the data.
895 (c) Annually, not later than June 30, the division shall post on its website, in aggregate
896form, the total number of all deliveries provided by all Delivery Network Companies that
897originated in each city or town, each city or town where the deliveries originating in each city or 43 of 55
898town terminated and the average miles and minutes of the deliveries that originated in each city
899or town and terminated in each other respective city or town.
900 (d) For the purposes of congestion management, transportation planning or emissions
901tracking, as well as any other beneficial use in the interest of the Commonwealth, its
902subdivisions, and/or its municipalities, the division may enter into data-sharing agreements to
903share electronic, de-identified delivery trip-level data received by the division pursuant to this
904section with the executive office of technology services and security, the executive office of
905energy and environmental affairs, the Massachusetts Department of Transportation, the
906Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department
907of environmental protection, a regional transit authority established under section 3 of chapter
908161B, municipalities serviced by Delivery Network Companies, a regional planning agency in
909the commonwealth and a metropolitan planning organization in the commonwealth. The
910Commonwealth will provide versions of this data, redacted to address the reasonable privacy
911concerns of both application-based delivery workers and consumers only to the extent absolutely
912necessary to individuals and organizations within the Commonwealth who are stakeholders upon
913request and a reasonable showing of interest in the data.
914 The division shall prescribe the form and content of a data-sharing agreement under this
915subsection, the manner of transmitting the information and the information security measures
916that shall be employed by an entity receiving the data under any such data sharing agreement. A
917data-sharing agreement shall specify that the information provided by the division shall be
918aggregated and de-identified and may be used only for the purposes set forth in the agreement.
919Any data received by an entity from the division through a data-sharing agreement under this 44 of 55
920subsection shall be considered a public record under section 7 of chapter 4 and chapter 66 and
921shall be subject to reasonable limitations on dissemination for profit.
922 Section 9. (a) The division shall establish a program to reduce greenhouse gas emissions
923from Delivery Network Companies. To the extent permitted under federal law, the program shall
924establish requirements for Delivery Network Companies including, but not limited to, vehicle
925electrification and greenhouse gas emissions requirements. Such requirements shall include, but
926not be limited to, a requirement for said companies to submit biennial plans to gradually increase
927zero-emission delivery network vehicles and reduce greenhouse gas emissions to meet goals set
928by the executive office of energy and environmental affairs. If the division determines that
929vehicle electrification requirements alone would be sufficient to achieve the greenhouse gas
930emissions goals set by the executive office of energy and environmental affairs, then it may
931establish requirements for vehicle electrification without establishing separate requirements for
932greenhouse gas emissions. The division shall, to the extent practicable, minimize any negative
933impacts of the program on application-based delivery workers from neighborhoods and
934municipalities that have an annual median household income of not more than 65 per cent of the
935statewide annual median household income.
936 (b)The department shall establish regulations to implement the program established
937in this section.
938 SECTION 4. SECTION 3 shall take effect on 1 January 2026..
939 SECTION 5. Section 1 of chapter 150A of the General Laws is hereby amended, as
940appearing in the 2022 Official Edition, inserting after “services.” the following paragraphs :- 45 of 55
941 Experience has also proven that workers are often unlawfully deprived access to their
942fundamental rights when there is an absence of decisive agency enforcement in an industry or a
943perceived ambiguity resulting from rapidly shifting precedent. The General Court recognizes
944that the National Labor Relations Act protects the rights of employees in the private sector
945whose employers meet the Act’s jurisdictional eligibility requirements and are not expressly
946exempted by its provisions. The General Court also takes legislative notice of the National
947Labor Relations Board’s Atlanta Opera decision, 372 NLRB No. 95 (2023), vindicating the
948rights of certain per diem employees, hired on a flexible, short-term basis, to organize and to
949select an exclusive bargaining representative pursuant to an NLRB election and overturning
950Super Shuttle DFW, Inc., 367 NLRB No. 75 (2019). Nonetheless, to date, the NLRB has yet to
951issue a decision specifically addressing the applicability of the NLRA to Delivery Network
952Companies and their respective application-based delivery workers. For the reasons expressed
953above, securing the rights of these, and all, employees in the Commonwealth to organize,
954bargain, and act collectively is imperative to our state’s health and prosperity. Therefore, the
955General Court declares that in the absence of the NLRB rendering a decision finding that the
956NLRB holds exclusive jurisdiction over the labor-management relations of TNCs and DNCs and
957that their workers are employees as defined by the National Labor Relations Act, and thereby
958preempting state regulation of the same, the Commonwealth shall define DNCs as employers and
959their delivery workers as employees to vindicate the following public policies, consistent with
960Section 10 of this Chapter.
961 It is further declared to be the policy of the commonwealth, in the interest of allowing
962certain employees full freedom of association and to eliminate strife and other obstructions
963encumbering the efficient and effective development of the private on-demand transit and 46 of 55
964delivery industries: (a) to promote collective bargaining between DNCs and their employees; (b)
965to protect the right of employees of DNCs to organize and select collective bargaining
966representatives of their own choosing; (c) to prevent lockouts, strikes, slowdowns or withholding
967of goods or services.
968 SECTION 6. SECTION 5 shall take effect on 1 January 2026.
969 SECTION 7. Section 2 of Chapter 150A of the General Laws is hereby further amended
970by inserting, after the word “facility”, the following words:-
971 any Delivery Network Company, subsidiary, pay or labor agent, or vendor thereof,
972 SECTION 8. SECTION 7 shall take effect on 1 January 2026.
973 SECTION 9. Section 3 of Chapter 150A is hereby further amended by inserting, after the
974word “subdivisions,” the following words:-
975 and shall include application-based delivery workers employed by Delivery Network
976Companies,
977 SECTION 10. SECTION 9 shall take effect on 1 January 2026..
978 SECTION 11. Chapter 150A of the General Laws is hereby further amended by inserting
979after section 3A the following section:-
980 Section 3B. (1) The term “employee” in this Chapter shall include any individual
981assigned delivery work by logging onto a digital network through an on-line enabled application
982or platform of a Delivery Network Company as defined by SECTION 1 [establishing G.L. c. 149
983s. 148E] but shall not include any individual who, with respect to the provision of services to a 47 of 55
984Delivery Network Company though an online-enabled application or platform, is an employee
985within the meaning of 29 U.S.C. § 152(3).
986 The term “employer” in this Chapter shall include any Delivery Network Company, as
987defined in SECTION 1 [establishing c. 149 s. 148E] of this legislation and as defined in
988SECTION 3 [establishing G.L. c. 159A ¾].
989 (2) In the event of a violation of Section 4 of this Chapter by a Delivery Network
990Company against an application-based delivery workers, the Department of Labor Relations
991shall have all necessary and appropriate power to conduct an investigation of such violation.
992Discipline, termination, or another adverse action within 6 months after the employee has made a
993report of a violation of this Chapter, shall create a rebuttable presumption that such discharge is a
994reprisal against such employee. In such case, the employer shall be liable for damages which
995shall not be less than any lost wages, compensatory damages, and an attorney’s reasonable costs
996and fees.
997 (3) The appropriateness of any unit of employees under this Section shall be determined
998pursuant to Section 5 of this Chapter and consistent with its precedents. With regard to the scope
999of bargaining units recognized under this section, a statewide and/or industrywide bargaining
1000unit may be considered an appropriate unit.
1001 (4) Upon an application to the department demonstrating a showing of interest of at least
1002five percent of the petitioned for bargaining unit, the petitioning labor organization shall receive
1003the following contact information for each bargaining unit member in the petitioned for unit: (a)
1004full name, (b) cell phone number, (c) company and personal email addresses, if any, and (d) the
1005worker’s home address. 48 of 55
1006 SECTION 12. SECTION 11 shall take effect on 1 January 2026.
1007 SECTION 13. Chapter 150A of the General Laws is hereby further amended by inserting
1008after section 12 the following section:-
1009 Section 13. In order to ensure sufficient funding of the department of labor relations and
1010commonwealth employee relations board and the board of conciliation and arbitration to handle
1011petitions, charges, and other matters arising from jurisdiction over Delivery Network Company
1012workers, a surcharge of 10 cents shall be assessed on each Delivery Network Company delivery
1013and remitted to the commonwealth on a monthly basis.
1014 SECTION 14. SECTION 13 shall take effect on 1 January 2026.
1015 SECTION 15. The title of Chapter 175, Section 228 shall be amended to add “and
1016Delivery Network Companies” and Chapter 175 by striking out section 228 and replacing it with
1017the following section:
1018 Section 228. (a) As used in this section, the words “digital network”, “division”, “pre-
1019arranged ride” and “transportation network company” shall have the same definitions as set forth
1020in section 1 of chapter 159A½ and “digital network”, “division”, “delivery assignment”,
1021“Delivery Network Company”, and “app-based delivery worker” in Section 1 of Chapter 159A¾
1022[SECTION 3, Sub-Section 1, herein] unless the context clearly requires otherwise.
1023 (b) The insurance requirements in this section shall constitute adequate insurance for
1024transportation network drivers and app-based delivery workers and shall satisfy the financial
1025responsibility requirement for a motor vehicle established by section 34A of chapter 90 and
1026section 113L of chapter 175; provided, however, that the insurance requirements in this section 49 of 55
1027shall only satisfy the financial responsibility requirements for a motor vehicle established by said
1028section 34A of said chapter 90 and said section 113L of chapter 175 with respect to the provision
1029of transportation network services and delivery network services in a motor vehicle operated by a
1030transportation network driver or app-based delivery worker. Transportation network drivers and
1031app-based delivery workers shall also comply with said section 34A of said chapter 90 and said
1032section 113L of said chapter 175 and maintain insurance coverage for the vehicle during those
1033periods of time when the vehicle is being operated, but is not providing transportation network
1034services or delivery network services.
1035 (c) A transportation network driver who is logged onto the transportation network
1036company’s digital network and is available to receive transportation requests, but is not engaged
1037in a pre-arranged ride shall have automobile liability insurance that provides per occurrence, per
1038vehicle coverage amounting to at least $50,000 of coverage per individual for bodily injury,
1039$100,000 of total coverage for bodily injury, $30,000 of coverage for property damage,
1040uninsured motorist coverage, to the extent required by said section 113L of said chapter 175, and
1041personal injury protection, to the extent required by section 34A of chapter 90. The insurance
1042may be held by the transportation network driver, the transportation network company or a
1043combination thereof.
1044 An app-based delivery worker who is logged onto the Delivery Network Company’s
1045digital network and is available to receive delivery requests and is operating a motor vehicle, but
1046is not engaged in transportation using a motor vehicle for a pre-arranged delivery assignment,
1047shall be covered by an insurance policy that, at minimum, provides per occurrence, per vehicle
1048coverage amounting to at least $50,000 of coverage per individual for bodily injury, $100,000 of
1049total coverage for bodily injury, $30,000 of coverage for property damage, uninsured motorist 50 of 55
1050coverage, to the extent required by said section 113L of said chapter 175, and personal injury
1051protection, to the extent required by section 34A of chapter 90. The insurance shall be held,
1052purchased, and maintained by the Delivery Network Company.
1053 (d) When a transportation network driver is engaged in a pre-arranged ride, the driver
1054shall have automobile liability insurance that provides at least $1,000,000 in per occurrence, per
1055vehicle coverage for death, bodily injury and property damage, uninsured motorist coverage, to
1056the extent required by section 113L of said chapter 175, and personal injury protection, to the
1057extent required by section 34A of chapter 90. The insurance may be held by the transportation
1058network driver, the transportation network company, or a combination thereof.
1059 When an app-based delivery worker is transporting a delivery assignment utilizing a
1060motor vehicle, the delivery worker shall have motor vehicle liability insurance that provides at
1061least $1,000,000 in per occurrence, per vehicle coverage for death, bodily injury and property
1062damage, uninsured motorist coverage, to the extent required by section 113L of said chapter 175,
1063and personal injury protection, to the extent required by section 34A of chapter 90. The
1064insurance shall be held, purchased, and maintained by the Delivery Network Company.
1065 (e) In every instance where insurance maintained by a transportation network driver to
1066fulfill the insurance requirements in subsections (c) and (d) has lapsed, failed to provide the
1067required coverage, denied a claim for the required coverage or otherwise ceased to exist,
1068insurance maintained by a transportation network company shall provide the coverage required
1069by said subsections (c) and (d), beginning with the first dollar of a claim, and shall have the duty
1070to investigate and defend that claim. 51 of 55
1071 In every instance where insurance maintained on behalf of an app-based delivery worker
1072to fulfill the insurance requirements in subsections (c) and (d) has lapsed, failed to provide the
1073required coverage, denied a claim for the required coverage or otherwise ceased to exist,
1074insurance maintained by a Delivery Network Company shall provide the coverage required by
1075said subsections (c) and (d), beginning with the first dollar of a claim, and shall have the duty to
1076investigate and defend that claim.
1077 (f) Coverage under an automobile insurance policy maintained by the transportation
1078network company shall not be dependent on a personal automobile insurer first denying a claim
1079nor shall a personal automobile insurer be required to first deny a claim.
1080 Coverage under a motor vehicle insurance policy maintained by the Delivery Network
1081Company shall not be dependent on a personal motor vehicle insurer first denying a claim nor
1082shall a personal motor vehicle insurer be required to first deny a claim.
1083 (g) Insurance required by this section shall be placed with an insurer authorized to do
1084business in the commonwealth or, if such coverage is not available, from any admitted carrier,
1085then with a surplus lines insurer eligible pursuant to section 168 of chapter 175.
1086 (h) Insurers that write motor vehicle insurance may exclude any and all coverage
1087afforded under the policy issued to an owner or operator of a vehicle for any loss or injury that
1088occurs while a driver is providing transportation network services or while a driver provides a
1089pre-arranged ride or while an app-based delivery worker is utilizing a motor vehicle to fulfill a
1090delivery assignment. This right to exclude all coverage may apply to any coverage included in a
1091motor vehicle insurance policy including, but not limited to: (i) liability coverage for bodily
1092injury and property damage; (ii) personal injury protection coverage as defined in section 34A of 52 of 55
1093chapter 90; (iii) uninsured and underinsured motorist coverage; (iv) medical payments coverage;
1094(v) comprehensive physical damage coverage; and (vi) collision physical damage coverage.
1095 Such exclusions shall apply notwithstanding any requirement of said section 34A of said
1096chapter 90 and section 113L of chapter 175. Nothing in this section implies or requires that a
1097personal motor vehicle insurance policy provide coverage while the transportation network
1098driver is logged on to the transportation network company’s digital network, while the
1099transportation network driver is engaged in a pre-arranged ride or while the transportation
1100network driver otherwise uses a vehicle to transport riders for compensation. Nothing in this
1101section implies or requires that a personal motor vehicle insurance policy provide coverage while
1102the app-based delivery worker is logged on to the Delivery Network Company’s digital network,
1103while the app-based delivery worker is utilizing a motor vehicle to fulfill a delivery assignment.
1104 Nothing shall preclude an insurer from providing coverage for the transportation network
1105driver’s or app-based delivery worker’s motor vehicle if the insurer so chooses to do so by
1106contract or endorsement.
1107 Motor vehicle insurers that exclude the coverage described in this section shall not have a
1108duty to defend or indemnify any claim expressly excluded by a policy.
1109 Nothing in this section shall invalidate or limit an exclusion contained in a policy,
1110including any policy in use or approved for use in the commonwealth before the enactment of
1111this section that excludes coverage for motor vehicles used to carry persons or property for a
1112charge or available for hire by the public. A motor vehicle insurer that defends or indemnifies a
1113claim against a transportation network driver or app-based delivery worker that is excluded
1114under the terms of its policy shall have a right of contribution against other insurers that provide 53 of 55
1115motor vehicle insurance to the same transportation network driver/app-based delivery worker in
1116satisfaction of the coverage requirements of this section at the time of loss.
1117 (i) The commissioner of insurance, in consultation with the division of transportation and
1118Delivery Network Companies established in section 23 of chapter 25 [as amended by SECTION
111915], shall issue an annual report concerning the coverage minimums required for transportation
1120network and delivery network motor vehicles during the period of time where the transportation
1121network driver or app-based driver is logged onto the digital network but is not engaged in a pre-
1122arranged ride or utilizing a vehicle as part of delivery assignment. The report shall include, at a
1123minimum: (i) an examination, based on actuarial data, of whether the existing coverage
1124requirements provide adequate protection for riders, transportation network drivers, app-based
1125delivery workers, and the general public; (ii) whether it is presently feasible for a transportation
1126network company or a Delivery Network Company to obtain an insurance policy providing
1127coverage of $1,000,000 per occurrence, per vehicle during the relevant time period; (iii) if such a
1128policy is available, whether the coverage minimums should be raised so that all transportation
1129network vehicles carry $1,000,000 of coverage per occurrence, per vehicle, at all times while
1130operating as a transportation network company; (iv) whether a strategy can be developed to raise
1131the coverage requirements during this period through the use of admitted motor vehicle
1132insurance carriers, the surplus lines market and technological innovations in the insurance
1133industry such as the use of telematics to improve risk assessment; and (v) any recommended
1134action by the division of insurance, the division of transportation and Delivery Network
1135Companies established in said section 23 of said chapter 25, the legislature or other government
1136entity that would encourage the insurance market to provide policies with higher insurance limits
1137while transportation network companies are not engaged in a pre-arranged ride and while 54 of 55
1138Delivery Network Companies are not transporting delivery assignments utilizing a motor
1139vehicle.
1140 The commissioner of insurance shall file an annual report detailing any recommendations
1141together with actuarial analysis with the clerks of the senate and house of representatives, the
1142chairs of the house and senate committees on ways and means and the chairs of the joint
1143committee on financial services not later than February 15.
1144 SECTION 16. SECTION 15 shall be effective on January 1, 2026.
1145 SECTION 17. Section 23 of Chapter 25 of the Massachusetts General Laws shall be
1146amended as follows:
1147 (a) There shall be established within the department a division that shall be under the
1148general supervision and control of the commission and shall be under the control of a director.
1149The division shall promulgate rules and regulations and shall perform such functions as
1150necessary for the administration, implementation and enforcement of chapter 159A ½ and
1151chapter 159A¾.
1152 (b) To fund the division’s activities, the division shall assess a surcharge on each
1153transportation network company, as defined in section 1 of chapter 159A ½, and each Delivery
1154Network Company, as defined in section 1 of chapter 159A¾. Each transportation network
1155company and each Delivery Network Company shall annually report by March 31 its intrastate
1156operating revenues for the previous calendar year to the division. The surcharge shall be
1157apportioned according to each transportation network company’s and each Delivery Network
1158Company’s intrastate operating revenues as determined and certified annually by the division in
1159order to reimburse the commonwealth for funds expended for the division’s activities. If a 55 of 55
1160transportation network company or Delivery Network Company fails to report its intrastate
1161operating revenues to the division by March 31, the division may estimate a transportation
1162network company’s or Delivery Network Company’s intrastate operating revenues to assess the
1163surcharge.
1164 Each transportation network company and each Delivery Network Company shall pay the
1165surcharge not later than 30 days from the date of the notice of the surcharge amount from the
1166division. Failure to pay the surcharge within 30 days may, at the discretion of the division,
1167constitute cause to suspend or revoke a transportation network company permit pursuant to
1168chapter 159A ½ or a Delivery Network Company’s permit pursuant to chapter 159A¾.
1169 Funds that are not expended in a fiscal year for the operation of the division shall be
1170credited against the surcharge to be made the following fiscal year and the surcharge amount in
1171the following fiscal year shall be reduced by the unexpended amount.
1172 SECTION 18. SECTION 17 shall be effective on January 1, 2026.