Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1305 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 722 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1305
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lydia Edwards
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing protections and accountability for Delivery Network Company workers,
13	13	consumers, and communities.
14	14	_______________
15	15	PETITION OF:
16	16	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
17	17	SENATE DOCKET, NO. 722 FILED ON: 1/14/2025
18	18	SENATE . . . . . . . . . . . . . . No. 1305
19	19	By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1305) of Lydia Edwards, Michael
20	20	D. Brady, Patricia D. Jehlen, John F. Keenan and others for legislation to establish protections
21	21	and accountability for Delivery Network Company workers, consumers, and communities.
22	22	Labor and Workforce Development.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing protections and accountability for Delivery Network Company workers,
29	29	consumers, and communities.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. The General Laws are hereby further amended by inserting after section
33	33	2148D of chapter 149 the following section:-
34	34	3 Section 148E. Application-based delivery workers.
35	35	4 (a)Definitions. As used in this chapter, the following words shall have the following
36	36	5meanings unless the context clearly requires otherwise:
37	37	6 “Application-based delivery worker”, a person who works as a Delivery Network
38	38	7Company courier by logging onto a digital network through an on-line enabled application or
39	39	8platform of a Delivery Network Company using any form of transportation approved by the
40	40	9Delivery Network Company for use on its platform; provided, however, that an “application- 2 of 55
41	41	10based delivery worker” shall be presumed an employee of the network company, consistent with
42	42	11section 148B of Chapter 149, for all intents and purposes; and provided, however, that
43	43	12 “Assigned time rate”, the minimum hourly wage rate owed to an application-based
44	44	13delivery worker for all periods in which they are performing duties included in assigned time as
45	45	14defined below.
46	46	15 “Assigned time”, all time between the acceptance of a Delivery Network Company
47	47	16dispatched assignment until that assignment is completed and the application-based delivery
48	48	17worker: (i) has returned to the worker’s base location utilizing the route designated by the
49	49	18Delivery Network Company; (ii) is dispatched to a new assignment, which shall initiate a new
50	50	19period of productive time; or (iii) turns the platform off, whichever occurs first. Assigned time
51	51	20includes any time spent performing tasks required for a delivery, including product selection,
52	52	21packaging, and/or loading a delivery for transportation, as well as any time spent transporting a
53	53	22delivery from its original location to the designated delivery location.
54	54	23 An application-based delivery worker may not be required to turn off the platform so
55	55	24long as they return to the DNC’s base location as prescribed by the DNC without an intentional
56	56	25delay or detour after completing an assigned delivery. The Department of Labor Standards shall
57	57	26develop regulations addressing the parameters for when a DNC may require an application-based
58	58	27worker to turn off the platform.
59	59	28 “Base location”, the geographic location set as a reporting hub by each Application-
60	60	29Based Delivery Worker upon commencing work by turning on the application and certifying that
61	61	30they are ready, able and willing to accept an assignment and commence work immediately. As
62	62	31part of certification, each application-based delivery worker shall set his/her/their base location. 3 of 55
63	63	32Nothing herein shall prohibit a municipality from establishing additional regulations for
64	64	33reporting hubs within their municipal limits.
65	65	34 “Basic minimum wage”, the minimum wage established pursuant to section 1 of chapter
66	66	35151.
67	67	36 “Delivery Assignment”, all tasks and duties required to complete an assignment by a
68	68	37Delivery Network Company, including product selection, packaging, and/or loading a delivery
69	69	38for transportation, as well as transportation from the site of pick-up to the location assigned for
70	70	39drop off.
71	71	40 “Delivery Network Company”, a corporation, partnership, sole proprietorship or other
72	72	41entity that utilizes a digital network to assign application-based delivery workers to provide pre-
73	73	42arranged delivery services within the Commonwealth.
74	74	43 “Deactivation”, the partial or complete recission, suspension or revocation of an
75	75	44application-based driver’s access to, and or utilization of, the Delivery Network Company’s
76	76	45platform, disallowing him/her/they from receiving assignments from the Company for any period
77	77	46of time.
78	78	47 “Failure to activate”, the refusal to activate the account of an application-based delivery
79	79	48worker seeking to provide labor and services on the DNC platform.
80	80	49 “Standby time”, any time, other than assigned time, in which an application-based
81	81	50delivery worker is on a Delivery Network Company application or platform and is ready, able
82	82	51and willing to accept assignments, including operating in a vehicle or other mode of 4 of 55
83	83	52transportation approved by the Delivery Network Company, to render service and from their
84	84	53designated base location.
85	85	54 “Vehicle”, an automobile or motorcycle as defined by General Laws Chapter 90, Section
86	86	551, and a motorized bicycle, an electric bicycle, a motorized standing scooter, an electric standing
87	87	56scooter, or an unmotorized bicycle or standing scooter used by an app-based delivery worker to
88	88	57make deliveries.
89	89	58 “Working time”, the combination of assigned time and standby time.
90	90	59 (b) The minimum applicable hourly wage for application-based delivery workers shall be
91	91	60equal to the basic minimum wage for all working time or, if the application-based delivery
92	92	61worker holds unfettered discretion to log on and off of the Delivery Network Company
93	93	62application or platform at dates, times of day and hours of their choosing, then the minimum
94	94	63applicable hourly wage shall be a minimum hourly wage rate of 150 per cent of the basic
95	95	64minimum wage for all assigned time. The rate established pursuant to this section shall ensure
96	96	65that application-based delivery workers, on average, earn compensation for the first 40 hours of
97	97	66working time in each 7-day week equal to not less than the basic minimum wage, including all
98	98	67standby time.
99	99	68 An application-based delivery worker’s average hourly wage rate within a 7-day
100	100	69workweek at the basic minimum wage or worker’s actual average wage, whichever is greater,
101	101	70shall constitute the worker’s regular rate of pay for the purposes of section 1A of chapter 151.
102	102	71 (c) Each Delivery Network Company operating in commonwealth shall provide
103	103	72contemporaneous payroll data for each application-based delivery worker by base location in an 5 of 55
104	104	73electronic, searchable form and any other materials, requested by department of labor standards
105	105	74or attorney general necessary to demonstrate compliance with this chapter.
106	106	75 Data provided shall include: (i) the number of hours of assigned time within a pay period;
107	107	76(ii) the number of hours of standby time within a pay period; (iii) the number of hours working
108	108	77time within a pay period; (iv) the assigned time rate in effect for the pay period; (iv) any
109	109	78additional incentives or premiums rates paid to the application-based delivery worker for the pay
110	110	79period and the number of hours the incentive was in effect during the pay period; (v) any
111	111	80deductions permissible under chapters 149 and 151 within the pay period; (vi) the average wage
112	112	81rate for all working time within the pay period; and (vii) other such information as directed by
113	113	82the department or attorney general.
114	114	83 Aggregated de-identified information regarding average assigned time compensation,
115	115	84average premium compensation, hours worked, the number of drivers or couriers employed by
116	116	85each Delivery Network Company and regional variations in the quantity and length of
117	117	86assignments shall be published each quarter by the department. This information shall include,
118	118	87but not be limited to, the: (i) average number of hours of working time by base location; (ii)
119	119	88average number of hours of standby time by base location; (iii) average number of hours of
120	120	89assigned time by base location; (iv) average hourly wage rate paid during each weekly pay
121	121	90period for assigned time only per application-based delivery worker within each month; and (v)
122	122	91average hourly wage rate paid to per application-based delivery worker for all working time in
123	123	92each weekly pay period within each month.
124	124	93 (d) Delivery Network Companies may elect to pay at least basic minimum wage for all
125	125	94working time or to adopt the premium rate established under subsection (b) for assigned time so 6 of 55
126	126	95long as on average each application-based delivery worker makes at least the basic minimum
127	127	96wage for all working time under 40 hours within a workweek and at least the wage under section
128	128	971A of chapter 151 for all hours worked within a workweek in excess of 40 hours.
129	129	98 (e) The mileage reimbursement standard for application-based delivery workers utilizing
130	130	99their own vehicles shall be: (i) the standard mileage rate established by the federal Internal
131	131	100Revenue Service for all miles driven during an application-based delivery worker’s working
132	132	101time; or (ii) 150 per cent of said standard mileage rate for all miles driven during assigned time.
133	133	102 This reimbursement rate for mileage during assigned time shall remain in effect until the
134	134	103department of labor standards issues regulations, in consultation with attorney general, setting a
135	135	104revised reimbursement rate at the premium rate multiplier on said standard mileage rate for all
136	136	105miles driven during assigned time.
137	137	106 Delivery Network Companies shall provide all data sought by the department and
138	138	107attorney general, including, but not limited to, application-based transportation mileage data and
139	139	108any preventative maintenance data maintained by companies who lease vehicles to drivers for
140	140	109use. The department and attorney general may also require Delivery Network Companies to
141	141	110provide data solicited from application-based delivery workers concerning work-related
142	142	111expenses including, but not limited to, preventative maintenance, repairs and gasoline costs. The
143	143	112department and attorney general may rely on this data as well as other relevant sources in
144	144	113promulgating regulations.
145	145	114 (f) A violation of this Section shall be enforceable under section 150 of chapter 149.
146	146	115 (g) Application-based delivery workers shall be presumed to be employees under the
147	147	116General Laws. 7 of 55
148	148	117 (h) Delivery Network Companies shall provide accidental liability coverage to each
149	149	118application-based delivery worker during their working time of not less than $1,000,000 per
150	150	119occurrence and $3,000,000 in aggregate consistent with SECTION 3Section 5(a)] and SECTION
151	151	12015 [amended c. 175 s. 228] of this Act.
152	152	121 (i) A Delivery Network Company, or their agent, or any other person shall not penalize or
153	153	122otherwise retaliate against an application-based delivery worker in any way, including, but not
154	154	123limited to, adversely impacting an application-based delivery worker’s terms and condition of
155	155	124employment, as a result of any action on the part of the worker to secure their rights under this
156	156	125Section.
157	157	126 Any Delivery Network Company, or their agent, or any other person who deactivates or
158	158	127in any other way discriminates against an application-based delivery worker because such
159	159	128worker has made a complaint to the attorney general or any other person, or assists the Attorney
160	160	129General or any other agency in an investigation under this chapter, or has instituted, or caused to
161	161	130be instituted, any proceeding under or related to this chapter, or has testified or is about to testify
162	162	131in any such proceedings, shall have violated this chapter and shall be subject to a civil penalty or
163	163	132order as provided in section 27C of chapter 149.
164	164	133 Any current or former application-based delivery worker aggrieved of a violation of this
165	165	134section may, within 2 years of such alleged violation, institute a civil action in superior court.
166	166	135The court may: (i) issue temporary restraining orders or preliminary or permanent injunctions to
167	167	136restrain continued violation of this section; (ii) reinstate the employee to the same position held
168	168	137before the retaliatory action or to an equivalent position; (iii) compensate the employee for 3 8 of 55
169	169	138times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order
170	170	139payment by the employer of reasonable costs and attorneys' fees.
171	171	140 SECTION 2. SECTION 1 shall take effect on 1 January, 2026.
172	172	141 SECTION 3. The General Laws are hereby amended by adding Chapter 159 ¾ after
173	173	142Chapter 159A½:
174	174	143 Section 1. Definitions.
175	175	144 “Application-based delivery worker”, a person who works as a Delivery Network
176	176	145Company courier by logging onto a digital network through an on-line enabled application or
177	177	146platform of a Delivery Network Company using any form of vehicle approved, but not owned or
178	178	147leased by, by the Delivery Network Company for use on its platform; provided, however, that an
179	179	148“application-based transportation worker” shall be presumed an employee of the network
180	180	149company, consistent with section 148B of chapter 149, for all intents and purposes.
181	181	150 “Assigned time rate”, the minimum hourly wage rate owed to an application-based
182	182	151delivery worker for all periods in which they are performing duties included in assigned time as
183	183	152defined below.
184	184	153 “Assigned time”, all time between the acceptance of a Delivery Network Company
185	185	154dispatched assignment until that assignment is completed and the application-based delivery
186	186	155worker: (i) has returned to the worker’s base location utilizing the route designated by the
187	187	156Delivery Network Company; (ii) is dispatched to a new assignment, which shall initiate a new
188	188	157period of productive time; or (iii) turns the platform off, whichever occurs first. Assigned time
189	189	158includes any time spent performing tasks required for a delivery, including product selection, 9 of 55
190	190	159packaging, and/or loading a delivery for transportation, as well as any time spent transporting a
191	191	160delivery from its original location to the designated delivery location.
192	192	161 An application-based delivery worker may not be required to turn off the platform so
193	193	162long as they return to the DNC’s base location as prescribed by the DNC without an intentional
194	194	163delay or detour after completing an assigned delivery. The Department of Labor Standards shall
195	195	164develop regulations addressing the parameters for when a DNC may require an application-based
196	196	165worker to turn off the platform.
197	197	166 “Base location”, the geographic location set as a reporting hub by each Application-
198	198	167Based Delivery Worker at upon commencing work by turning on the application and certifying
199	199	168that they are ready, able and willing to accept an assignment and commence work immediately.
200	200	169As part of certifying availability, each application-based delivery worker shall set his/her/their
201	201	170base location. Nothing herein shall prohibit a municipality from establishing additional
202	202	171regulations for reporting hubs within their municipal limits.
203	203	172 “Basic minimum wage”, the minimum wage established pursuant to section 1 of chapter
204	204	173151.
205	205	174 “Delivery Assignment”, all tasks and duties required to complete an assignment by a
206	206	175Delivery Network Company, including product selection, packaging, and/or loading a delivery
207	207	176for transportation, as well as transportation from the site of pick-up to the location assigned for
208	208	177drop off.
209	209	178 “Delivery Network Company”, a corporation, partnership, sole proprietorship or other
210	210	179entity that utilizes a digital network to assign application-based delivery workers to provide pre-
211	211	180arranged delivery services within the Commonwealth. 10 of 55
212	212	181 “Deactivation”, the partial or complete recission, suspension, restriction, or revocation of
213	213	182an application-based driver’s access to, and or utilization of, the Delivery Network Company’s
214	214	183platform, disallowing him/her/they from receiving assignments from the Company for any period
215	215	184of time.
216	216	185 “Department”, the Department of Public Utilities.
217	217	186 “Division”, the Delivery Network Company and Transportation Network Company
218	218	187Division, formerly the “Transportation Network Company Division” established pursuant to
219	219	188section 23 of chapter 25, within the Department of Public Utilities.
220	220	189 “Failure to activate”, the refusal to activate the account of an application-based delivery
221	221	190worker seeking to provide labor and services on the DNC platform.
222	222	191 “Standby time”, any time, other than assigned time, in which an application-based
223	223	192delivery worker is on a Delivery Network Company application or platform and is ready, able
224	224	193and willing to accept assignments, including operating in a vehicle or other mode of
225	225	194transportation approved by the Delivery Network Company, to render service and from their
226	226	195designated base location.
227	227	196 “Vehicle”, an automobile, motorcycle, or scooter as defined by Section 1 of Chapter 90,
228	228	197and a motorized bicycle, an electric bicycle, a motorized standing scooter, an electric standing
229	229	198scooter, or an unmotorized bicycle or standing scooter used by an app-based delivery worker to
230	230	199make deliveries.
231	231	200 “Working time”, the combination of assigned time and standby time. 11 of 55
232	232	201 Section 2. Name Change, Expanded Jurisdiction and Authority of Transportation
233	233	202Network Company Division Over Delivery Network Companies and Application-Based
234	234	203Delivery Workers.
235	235	204 Section 2. (a) The Delivery Network Company and Transportation Network Company
236	236	205Division and have the following additional jurisdiction and authority over Delivery Network
237	237	206Companies and their Application-Based Delivery Workers.
238	238	207 The division shall have jurisdiction over Delivery Network Companies to ensure the
239	239	208safety, accessibility and convenience of the public, the cost effectiveness and reliability of
240	240	209service and accountability of these companies to the commonwealth and to consumers as
241	241	210expressly set forth in this chapter.
242	242	211 The division shall implement and enforce this section and establish regulations, service
243	243	212quality metrics and guidance necessary for enforcement.
244	244	213 (b) In consultation with the registry of motor vehicles, the division shall provide for the
245	245	214establishment of removable decals to be issued Delivery Network Companies, in a form and
246	246	215manner prescribed by the division, to delivery network drivers to designate a vehicle as a
247	247	216delivery network vehicle for law enforcement and public safety purposes. The decal shall be
248	248	217applied to both the front and back panels of a vehicle at all times while the vehicle is providing
249	249	218delivery network services. A delivery network driver who provides delivery network services
250	250	219using the digital network of more than 1 Delivery Network Company shall display the respective
251	251	220decals for each Delivery Network Company while the vehicle is providing delivery network
252	252	221services. A delivery network driver who ceases to be certified to provide delivery network 12 of 55
253	253	222services for any reason shall return the decal within 14 days of that cessation to the respective
254	254	223Delivery Network Company in the manner and form prescribed by the division.
255	255	224 (c) In consultation with the commissioner of insurance, the division shall implement the
256	256	225insurance policy requirements established in section 228 of chapter 175 of this Act and Section
257	257	2265(a) below for application-based delivery workers, as defined by SECTION 3 of this Act.
258	258	227 (d)(1) A Delivery Network Company shall provide clear and conspicuous delivery cost
259	259	228estimates to customers and to application-based delivery workers, respectively, at all times,
260	260	229including any premium charges, for high volume and high demand times. Estimates shall include
261	261	230a clear rate estimate, any differential pay for shopping, packaging, loading, or delivery functions
262	262	231and the amount of any increase in delivery charges resulting from surge pricing or increased
263	263	232demand.
264	264	233 (2) At the termination of each delivery, a Delivery Network Company shall provide
265	265	234notices of payment to application-based delivery workers and receipts to customers, respectively,
266	266	235which shall contain detailed, itemized information pursuant to this section. Such information
267	267	236shall be available electronically through the Delivery Network Company’s digital application
268	268	237and on its website platform and shall remain available to the customer and application-based
269	269	238delivery workers so long as such customers and workers maintain an account on the application
270	270	239or site, even where an application-based delivery worker is deactivated from the application or
271	271	240where a customer is partially restricted or prohibited from further use. Failure to provide an
272	272	241accurate receipt or notice of payment may be the subject of a consumer or application-based
273	273	242delivery worker complaint to the division. 13 of 55
274	274	243 (3) Information required to be provided to Delivery Network Companies’ customers shall
275	275	244include: (i) the total payment made to the Delivery Network Company by the customer for the
276	276	245delivery; (ii) the total labor cost for the delivery charged to the customer; (iii) the number of
277	277	246miles driven for the delivery; (iv) any surge pricing, additional charges, fees, taxes and tips, in
278	278	247addition to the Delivery Network Company’s base rate charged for the ride; and (v) the start
279	279	248location and the end location.
280	280	249 (4) Information required to be provided to application-based delivery workers shall
281	281	250receive: (i) the geographic start and end date of the delivery; (ii) the number of miles driven for
282	282	251the delivery; (iii) the total payment made to the Delivery Network Company by the customer for
283	283	252the delivery; (iv) the base payment received by the application-based delivery worker per the
284	284	253delivery; (v) any additional differential paid for any phase of services rendered such as shopping,
285	285	254packing and delivery – to the application-based delivery worker; (vi) mileage reimbursements
286	286	255received by the application-based delivery worker for the delivery; (vii) any surge payment
287	287	256received by the application-based delivery worker for the delivery; (viii) any bonus payment
288	288	257received by the application-based delivery worker for the delivery; (ix) any tip remitted by the
289	289	258customer to the by the application-based delivery worker; (x) any deductions from compensation
290	290	259to the application-based delivery worker; (xi) any credits received toward multi-ride or aggregate
291	291	260bonuses or loyalty programs for the delivery; and (xii) the gross base payment received by the
292	292	261Delivery Network Company per the delivery.
293	293	262 (5) At the end of each continuous 7-day work period, a Delivery Network Company shall
294	294	263provide clear, contemporaneous and accurate records to application-based delivery workers of
295	295	264their gross and net earnings for each period of working time during the week, consistent with
296	296	265chapters 149 and 151 of the General Laws. 14 of 55
297	297	266 (f) Delivery Network Companies shall provide, on a quarterly basis, data pertaining to
298	298	267their Delivery Network Company on the following:
299	299	268 (1) The number of application-based delivery workers working in the commonwealth
300	300	269organized by municipality in which the base location is located ;
301	301	270 (2) The number and percentage of application-based delivery workers whose average
302	302	271weekly working time as defined by SECTION 3 of this Act exceeds: (A) 0-15 hours; (B) 15
303	303	272hours; (C) 30 hours; (D) 40 or more hours organized by base location.
304	304	273 (3) The number of vehicles utilized for Delivery Network Company work in the
305	305	274commonwealth aggregated by the municipality in which the base location for each delivery
306	306	275worker are located (hereinafter “by municipality”) as defined by SECTION 3 of this Act.
307	307	276 (4) The number of application-based delivery workers making deliveries in the
308	308	277commonwealth aggregated by municipality ;
309	309	278 (5) The number of automobiles and motorcycles utilized for Delivery Network Company
310	310	279work in the commonwealth aggregated by municipality;
311	311	280 (6) The number of battery- and electric bicycles and standing scooters utilized for
312	312	281Delivery Network Company work in the commonwealth aggregated by municipality;
313	313	282 (7) The number of non-motorized bicycles and other non-motorized transportation
314	314	283utilized for Delivery Network Company work in the commonwealth aggregated by municipality;
315	315	284 (8) The number of trips taken in the commonwealth by application-based delivery
316	316	285workers organized aggregated by municipality ; 15 of 55
317	317	286 (9) The average number of miles per delivery organized aggregated by municipality;
318	318	287 (10) The average cost per delivery for the Delivery Network Company by municipality;
319	319	288and
320	320	289 (11) The number of hours a day surge or heightened pricing was in effect by
321	321	290municipality.
322	322	291 (12) The total miles(i) driven by automobiles and motorcycles aggregated by
323	323	292municipality; (ii) driven by battery powered- and electric-bicycles and standing scooters, and (iii)
324	324	293driven by non-motorized bicycles and other non-motorized transportation organized by
325	325	294municipality in which base location is situated.
326	326	295 Every Delivery Network Company shall file with the division and shall plainly print and
327	327	296keep open to public inspection schedules showing all classes of rates, as well as itemized
328	328	297schedules of premiums, surcharges and other fees included but, not limited to, surge pricing,
329	329	298congestion pricing, any surcharges or fees in effect for any service, of every kind rendered or
330	330	299furnished, or to be rendered or furnished, by it within the commonwealth, and all conditions and
331	331	300limitations for the use of the same, in such places, within such time, and in such form and with
332	332	301such detail as the department may order.
333	333	302 Section 2A. The division shall inquire into the rates, charges, policies, practices, safety
334	334	303protocols, equipment and services of Delivery Network Companies operating in the
335	335	304commonwealth subject to its jurisdiction.
336	336	305 (a) No Delivery Network Company shall, except as otherwise provided in this chapter,
337	337	306charge, demand, exact, receive or collect a different rate or charge for any service rendered or 16 of 55
338	338	307furnished by it, or to be rendered or furnished, from the rate or charge applicable to such service
339	339	308as specified in its schedule filed with the department and in effect at the time.
340	340	309 No Delivery Network Company shall extend to any person or corporation any rule,
341	341	310regulation, privilege or facility except such as are specified in the said schedule and regularly and
342	342	311uniformly extended to all persons and corporations under like circumstances for the like, or
343	343	312substantially similar service.
344	344	313 Unless the division otherwise orders, no change shall be made in any rate or charge, or in
345	345	314any rule or regulation or form of contract or agreement in any manner affecting the same as
346	346	315shown upon the schedules filed in accordance with this chapter, except after 30 days from the
347	347	316date of filing a statement with the division setting forth the changes proposed to be made in the
348	348	317schedule then in force and the time when such changes shall take effect, and such notice to the
349	349	318public as the division orders, to be given prior to the time fixed in such statement to the division
350	350	319for the changes to take effect.
351	351	320 The division, for good cause, may allow changes before the expiration of said 30 days,
352	352	321under such conditions as it may prescribe, and may suspend the taking effect of changes under
353	353	322the circumstances and in the manner provided in the following section. As soon as any such
354	354	323changes take effect they shall be plainly identified as amendments and added to existing
355	355	324schedules. Amended and new schedules shall be printed and filed with the division and posted on
356	356	325the department’s main website, the division’s website, and elsewhere as the division may order.
357	357	326 (b) Whenever the division receives notice of any changes proposed to be made in any
358	358	327schedule filed by any Delivery Network Company, it shall notify the attorney general and
359	359	328appropriate stakeholders, including but not limited to, labor organizations and other non-profit 17 of 55
360	360	329corporations who advocate on behalf of application-based delivery workers, provide work-
361	361	330related benefits to application-based delivery workers, represent workers in the commonwealth’s
362	362	331delivery industries or engage in advocacy to improve the working conditions of low income,
363	363	332contingent workers in the commonwealth, including but not limited to application-based delivery
364	364	333workers. The division, either upon motion by the attorney general or applicable stakeholders, or
365	365	334in its own discretion and after notice, hold a public hearing and make investigations as to the
366	366	335propriety of such proposed changes.
367	367	336 Notice of such hearing shall be published on both the department’s and the division’s
368	368	337website, newspapers and on social media websites as the division may select at least twenty-one
369	369	338days before such hearing.
370	370	339 Pending any such investigation and the decision thereon, the division may, by order
371	371	340served upon the Delivery Network Company affected, suspend, from time to time, the taking
372	372	341effect of such changes, but not for more than 10 months in the aggregate beyond the time when
373	373	342the same would otherwise take effect. After such hearing and investigation, the division may
374	374	343make, in reference to any new rates, charges, rule, regulation or form of contract or agreement
375	375	344proposed, an order consistent with its determinations based on the evidentiary record. At any
376	376	345such hearing, the burden of proof to show that such change is necessary to obtain a reasonable
377	377	346compensation for the service rendered shall be upon the Delivery Network Company.
378	378	347Additionally, during the investigation, the Delivery Network Company must provide the
379	379	348methods and calculations for setting proposed rates and evidence supporting such a change,
380	380	349including, but not limited to, advancing safety, accessibility, and convenience of the public, cost
381	381	350effectiveness, reliability of service, and accountability to the commonwealth and to consumers. 18 of 55
382	382	351 (c) Every Delivery Network Company shall give notice of any vehicular accident in
383	383	352which one of its application-based delivery workers was involved during working time and
384	384	353which resulted in property damage over $10,000, injuries requiring medical treatment, or a loss
385	385	354of life, to the division within twenty-four hours. For each omission to give such notice, the
386	386	355Delivery Network Company shall forfeit not more than $1,000.
387	387	356 A division inspector shall investigate promptly any accident which causes the death or
388	388	357imperils the life of any person, and shall report thereon to the division, and may investigate any
389	389	358other accident.
390	390	359 The division, through its commissioners or by employees duly authorized, may examine
391	391	360all books, contracts, records, documents, papers and memoranda of any or Delivery Network
392	392	361Company, and by subpoena duces tecum compel the production thereof, or of duly verified
393	393	362copies of the same or any of them, and compel the attendance of such witnesses as the division
394	394	363may require to give evidence at any such examination.
395	395	364 (d) Whenever the division believes, after holding a hearing in its discretion or upon
396	396	365complaint by an application-based delivery worker or consumer, that:
397	397	366 (1) Any Delivery Network Company rates, fares or charges for any services performed
398	398	367within the commonwealth, or a Delivery Network Company’s policies or practices affecting such
399	399	368rates, are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in
400	400	369violation of any provision of law or insufficient to yield reasonable compensation for the service
401	401	370rendered, the division shall determine the just and reasonable rates, fares and charges to be
402	402	371charged for the service to be performed, and shall fix the same by order to be served upon 19 of 55
403	403	372Delivery Network Companies, whichever is implicated, by whom such rates, fares and charges
404	404	373or any of them are thereafter to be observed.
405	405	374 Every such Delivery Network Company shall comply with all requirements established
406	406	375by the department and do everything necessary or proper in order to secure absolute compliance
407	407	376by all its officers, agents and employees.
408	408	377 (2) If a consumer files a complaint with the division concerning any rate, fare or charge
409	409	378demanded and collected by any Delivery Network Company for any service performed and the
410	410	379division finds after a hearing and investigation conducted pursuant to section 10 of chapter 30A
411	411	380that a rate, fare or charge that is unjust, unreasonable, unjustly discriminatory, unduly
412	412	381preferential, in any way in violation of any provision of law has been collected for any service,
413	413	382the division may order the Delivery Network Company which has collected or paid the same to
414	414	383make due reparation to the aggrieved person, with interest from the date of the payment of such
415	415	384unjustly discriminatory amount.
416	416	385 (3) If an application-based delivery worker complaint is made to the division concerning
417	417	386any or Delivery Network Company’s payments, deductions, or other business practices
418	418	387regulating application-based delivery workers’ compensation upon which application-based
419	419	388delivery workers reasonably rely, and the division finds after hearing and investigation
420	420	389conducted pursuant to section 10 of chapter 30A that payments, deductions or other business
421	421	390practices are unjust, unreasonable, unjustly discriminatory, unduly preferential, in any way in
422	422	391violation of any provision of law, insufficient to yield reasonable compensation for the service
423	423	392rendered, or inconsistent with the estimates provided to application-based delivery workers for
424	424	393specific deliveries, the division may order the Delivery Network Company which has collected 20 of 55
425	425	394or paid the same to make due reparation to the aggrieved application-based delivery worker, with
426	426	395interest from the date of the original payment.
427	427	396 Such orders of reparation shall cover only payments made within 3 years before the date
428	428	397of filing the petition seeking to have reparation ordered. Such order may be made without formal
429	429	398hearing whenever the Delivery Network Company affected shall assent in writing thereto, or file
430	430	399or join in a petition therefor. Nothing provided for in this section limits or amends an
431	431	400application-based delivery worker’s right to seek redress pursuant to section 151 of chapter 149.
432	432	401 (4) An application-based delivery worker may file a complaint with the division over the
433	433	402failure of a Delivery Network Company to activate the worker, assign the worker work, or
434	434	403otherwise restrict the worker from receiving assignments if the worker otherwise meets all
435	435	404prerequisites and certifications required by this chapter. Activation and work assignments shall
436	436	405not be denied or restricted on an arbitrary or capricious basis. An application-based delivery
437	437	406worker may also file a complaint with the department over a Delivery Network Company’s
438	438	407deactivation of the worker if the worker otherwise meets all of the prerequisites and certifications
439	439	408required by this chapter. Deactivation shall not be implemented without good cause.
440	440	409 The division will hear the merits of the application-based transportation or delivery
441	441	410worker’s complaint consistent with section 10 of chapter 30A. The hearing officer may order the
442	442	411Delivery Network Company to activate or re-activate the application-based delivery worker’s
443	443	412account as well as any other appropriate remedy. A decision of the hearing officer may be
444	444	413appealed under said chapter 30A. Nothing in this section shall preclude an application-based
445	445	414delivery worker from seeking vindication under common law, other state or federal law
446	446	415concerning a Delivery Network Company’s deactivation of or failure to activate an account. 21 of 55
447	447	416 A consumer or application-based delivery worker aggrieved by a final order or decision
448	448	417of the division pursuant to subsection (d)(1)-(4) of this Section may institute proceedings for
449	449	418judicial review in the superior court within 30 days after receipt of such order or decision. Any
450	450	419proceedings in the superior court shall, insofar as applicable, be governed by section 14 of
451	451	420chapter 30A. The commencement of such proceedings shall not, unless specifically ordered by
452	452	421the court, operate as a stay of the division’s order or decision.
453	453	422 (5) Any Delivery Network Company, agent or person, who discriminates against any
454	454	423application-based delivery worker because such worker has made a complaint to the division or
455	455	424any other person or assists the division in any investigation under this section or has instituted or
456	456	425caused to be instituted any proceeding under or related to this section, or has testified or is about
457	457	426to testify in any such proceedings, shall be deemed to have violated this section and shall be
458	458	427punished or shall be subject to a civil citation or order prescribing restitution for all lost wages as
459	459	428well as compensatory damages by the division.
460	460	429 Any current or former application-based delivery worker aggrieved of a violation of
461	461	430section (d) may, within 2 years, institute a civil action in the superior court. The court may: (i)
462	462	431issue temporary restraining orders or preliminary or permanent injunctions to restrain continued
463	463	432violation of this section; (ii) activate or reactivate the application-based delivery worker to the
464	464	433same or to an equivalent position; (iii) compensate the application-based delivery worker for
465	465	434three times the lost wages, benefits and other remuneration, and interest thereon; and (iv) order
466	466	435payment by the Delivery Network Company of reasonable costs and attorneys' fees.
467	467	436 (e) The division shall have supervision of every affiliated company, including but not
468	468	437limited to servicing and parent companies, joint ventures or subsidiaries of a Delivery Network 22 of 55
469	469	438Company, as hereinafter defined, with respect to all relations, transactions and dealings, direct or
470	470	439indirect, and shall make all necessary examination and inquiries and keep itself informed as to
471	471	440such relations, transactions and dealings as have a bearing upon the rates, financial condition and
472	472	441practices of such Delivery Network Company. Such relations, transactions and dealings,
473	473	442including any payments by a Delivery Network Company to such an affiliated company or by
474	474	443such an affiliated company to a Delivery Network Company for property owned, leased or used
475	475	444by such carrier or such affiliated company for transportation purposes shall be subject to review
476	476	445and investigation by the division in any proceeding brought under this chapter, and the division
477	477	446may order such affiliated company to be joined as a party respondent with such carrier in such a
478	478	447proceeding.
479	479	448 (1) Every affiliated company having such relations, transactions and dealings with the
480	480	449Delivery Network Company with which it is affiliated shall make such annual or periodic
481	481	450reports, and in such form, as the division may by regulation prescribe, in order to give the
482	482	451division effective supervision over all such relations, transactions and dealings. Such a report
483	483	452may include, if so regulated by the division, service quality metrics, including but not limited to,
484	484	453reliability, efficiency, safety and accessibility.
485	485	454 (2) Officers and employees of the division may be authorized by it to examine the books,
486	486	455contracts, records, documents and memoranda or the physical property of any affiliated company
487	487	456subject to this chapter with respect to any relations, transactions or dealings, direct or indirect,
488	488	457between such affiliated company and any company so subject, and, for any examination so
489	489	458authorized, shall be entitled to full access to the subject matter thereof. No such officer or
490	490	459employee shall divulge any fact or information coming to his knowledge during the course of
491	491	460such examination unless directed by the division or by the court, or authorized by law. 23 of 55
492	492	461 (3) For the purposes of this section, the term “affiliated companies” shall include any
493	493	462corporation, society, trust, association, partnership or individual: (a) controlling a Delivery
494	494	463Network Company subject to this chapter either directly, by ownership of a majority of its voting
495	495	464stock or of such minority thereof as to give it substantial control of such company, or indirectly,
496	496	465by ownership of such majority or minority of the voting stock of another corporation, society,
497	497	466trust or association so controlling such company; (b) so controlled by a corporation, society,
498	498	467trust, association, partnership or individual controlling as aforesaid, directly or indirectly, the
499	499	468company subject to such chapter; or (c) standing in such a relation to a company subject to such
500	500	469chapter that there is an absence of equal bargaining power between the corporation, society,
501	501	470trust, association, partnership or individual and the company so subject, in respect to their
502	502	471dealings and transactions.
503	503	472 (4) Whenever, in any proceeding before the department under Section 2A the
504	504	473reasonableness of any payment, charge, contract, or purchase, sale, obligation or other
505	505	474arrangement between a Delivery Network Company and a company related to it as an affiliated
506	506	475company, as defined in paragraph (3), shall come into question, the burden of establishing and
507	507	476proving the reasonableness of such payment, charge contract, purchase, sale, obligation or other
508	508	477arrangement shall be upon such Delivery Network Company.
509	509	478 (5) The supreme judicial court shall have jurisdiction in equity to enforce compliance
510	510	479with this section and with all orders of the division made under authority thereof.
511	511	480 (6) The division, though its duly authorized employees, may annually audit all, or any
512	512	481portion of, accounts of any Delivery Network Company or group of Delivery Network
513	513	482Companies. 24 of 55
514	514	483 (7) No action or order of the division shall in any manner impair the legal duties and
515	515	484obligations of a Delivery Network Company or its legal liability for the consequences of its acts
516	516	485or of the neglect or mismanagement of any of its agents or servants.
517	517	486 (8) If, in the judgment of the division, any or Delivery Network Company violates or
518	518	487neglects in any respect to comply with any law, and after written notice by the division,
519	519	488continues such violation or neglect or neglects to make returns as required by law, or to amend
520	520	489the same when lawfully required so to do, the division shall forthwith present the facts to the
521	521	490attorney general for action.
522	522	491 (9) Whenever the division is of the opinion that a Delivery Network Company is failing
523	523	492or omitting or about to fail or omit to do anything required of it by law or by order of the
524	524	493division, or is doing anything or about to do anything or permitting anything or about to permit
525	525	494anything to be done, contrary to or in violation of the law or of any order of the division, it shall
526	526	495direct its counsel to begin, subject to the supervision of the attorney general, an action or
527	527	496proceeding in the supreme judicial court in the name of the division for the purpose of having
528	528	497such violations or threatened violations stopped and prevented either by mandamus or injunction.
529	529	498 (10) The division’s annual report will include reporting on Delivery Network Company
530	530	499activities in the commonwealth, to the same extent as provided for other common carriers
531	531	500pursuant to section 43 of chapter 159.
532	532	501 (11) The division shall calculate, and the secretary of administration and finance shall
533	533	502determine, pursuant to section 3B of chapter 7, the costs associated with the division’s Delivery
534	534	503Network Company ratemaking, investigations, oversight and adjudications. The division may
535	535	504charge the Delivery Network Company a reasonable fee to cover the costs. 25 of 55
536	536	505 (f) A Delivery Network Company shall not raise base delivery rates during a federal or a
537	537	506governor-declared state of emergency.
538	538	507 (g) In consultation with state police, local law enforcement and the registry of motor
539	539	508vehicles, the division shall ensure the safety and annual inspection of vehicles utilized by
540	540	509application-based transportation or delivery workers working for transportation network
541	541	510companies or Delivery Network Companies, including vehicle inspection pursuant to section 7A
542	542	511of chapter 90. An application-based transportation or delivery worker shall obtain a vehicle
543	543	512inspection at the driver’s next annual emissions testing or within 12 months of obtaining a
544	544	513transportation network company or a Delivery Network Company driver certificate, whichever
545	545	514comes first.
546	546	515 (h) The department shall ensure the accommodation of riders with special needs. A
547	547	516Delivery Network Company shall not impose additional charges or increase charges when
548	548	517providing deliveries to persons with disabilities.
549	549	518 (k) A Delivery Network Company shall provide an application-based delivery worker’s
550	550	519name, picture, and license plate number of the vehicle, if any, in use to a customer on any digital
551	551	520network used to facilitate a pre-arranged delivery.
552	552	521 (l) In consultation with the department, the Massachusetts Department of
553	553	522Transportation’s highway division shall provide for the issuance of electronic toll transponders
554	554	523set at the commercial vehicle rate to be issued by Delivery Network Companies to application-
555	555	524based transportation or delivery workers. The electronic toll transponders shall be used each time
556	556	525an application-based delivery worker provides delivery network services on a toll road, bridge or
557	557	526tunnel; provided, however, that the issuance of an electronic toll transponder pursuant to this 26 of 55
558	558	527subsection shall not prohibit an application-based delivery worker from establishing or
559	559	528maintaining an electronic toll transponder account for personal use.
560	560	529 (m) In consultation with the division, Delivery Network Companies shall provide their
561	561	530delivery data to the Massachusetts Department of Transportation and the department shall cross-
562	562	531reference that data with its toll data to ensure that tolls incurred by an application-based delivery
563	563	532worker providing delivery services are paid at the commercial rate through the pay by plate
564	564	533system and through the electronic transponder system.
565	565	534 (n) A Delivery Network Company shall notify the division upon receipt of information
566	566	535that an application-based delivery worker utilizing its network has violated a law or rule or
567	567	536regulation related to the provision of delivery services or that the application-based delivery
568	568	537worker is not suitable to provide delivery services.
569	569	538 (o) If, after the division issued a background check clearance certificate, the division is
570	570	539notified by a Delivery Network Company, law enforcement or government entity that an
571	571	540application-based delivery worker is unsuitable and the division verifies the unsuitability, the
572	572	541division shall immediately revoke or suspend the background check clearance certificate and
573	573	542shall notify the application-based delivery worker and each Delivery Network Company who
574	574	543issued the application-based delivery worker a certificate that the background check clearance
575	575	544certificate has been revoked or suspended. The division shall issue rules and regulations to
576	576	545establish a process for an application-based delivery worker to appeal a revocation or suspension.
577	577	546The division shall consult labor organizations which represent application-based delivery drivers
578	578	547in developing these rules and regulations. The rules or regulations shall include an opportunity 27 of 55
579	579	548for a hearing and a decision, in writing, addressing the reasons for overturning or sustaining the
580	580	549division’s findings.
581	581	550 An application-based delivery worker aggrieved by a final order or decision of the
582	582	551division pursuant to this subsection may institute proceedings for judicial review in the superior
583	583	552court within 30 days after receipt of such order or decision. Any proceedings in the superior
584	584	553court shall, insofar as applicable, be governed by section 14 of chapter 30A. The commencement
585	585	554of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the
586	586	555division’s order or decision.
587	587	556 Section 2B. Delivery Network Companies may be subject to municipal regulation.
588	588	557 An application-based delivery worker assigned to a base location–as defined by Section 1
589	589	558of this Act– within the limits of a city or town– shall obtain a license for such operation from the
590	590	559city council of such city and its mayor or the selectmen of such town, in this chapter called the
591	591	560licensing authority. The amount of the fee for any such license shall be determined annually by
592	592	561the commissioner of administration under the provision of section 3B of chapter 7 for the filing
593	593	562thereof and shall not be unduly burdensome. Such license may limit the number of vehicles to be
594	594	563operated thereunder for good cause. Any application-based delivery worker who is receiving a
595	595	564license under this section and operating a vehicle or vehicles thereunder, shall, in respect to such
596	596	565operation, be subject to such orders, rules or regulations as shall be adopted by the licensing
597	597	566authority under this chapter. No license, certificate or permit shall be required under this chapter
598	598	567in respect to such carriage of passengers as is exclusively interstate.
599	599	568 If any application for a license under this section is not favorably acted upon within a
600	600	569period of sixty days after the filing thereof, the applicant may appeal to the division within five 28 of 55
601	601	570days following the expiration of said period or, if notice of unfavorable action is sooner given,
602	602	571within five days of said notice, upon a petition in writing setting forth all the material facts in the
603	603	572case. The division shall hold a hearing on each such appeal, requiring due notice to be given to
604	604	573all interested parties. If the division approves the action of the licensing authority, it shall issue
605	605	574notice to that effect, but if the division disapproves of said action, it shall act as a licensing
606	606	575authority and may issue a license which shall specify the route or routes on which a motor
607	607	576vehicle subject to this section may be operated and the number of vehicles which may be
608	608	577operated under such license.
609	609	578 (a) An application-based delivery worker shall obtain a concurrent license from the
610	610	579division. The division shall charge a nominal fee for the issuance of an original permit and for
611	611	580the renewal thereof, the amount of which shall be determined annually by the commissioner of
612	612	581administration under the provision of section 3B of chapter 7 for the filing thereof.
613	613	582 (b) After public notice and hearing, the division or the municipal licensing authority may,
614	614	583for good and sufficient reasons to be stated in the order of revocation, revoke in whole or in part
615	615	584such a license issued by such authority, but unless within thirty days after any such order of
616	616	585revocation, except an order made by the division or licensing authority, the licensee consents
617	617	586thereto in writing, such order shall not be valid until approved by the department after public
618	618	587notice and hearing.
619	619	588 (c) The division may, in order to provide for unusual, sudden or unforeseen delivery
620	620	589needs, or to avoid interruption of existing delivery services, issue such temporary application-
621	621	590based delivery licenses as it deems a public convenience and necessity to serve more than one
622	622	591municipality. An applicant for such temporary license shall serve a copy of the application on the 29 of 55
623	623	592town or city that the applicant has designated a base location. All temporary licenses issued
624	624	593under this section shall be limited to such period as the department shall specify, not exceeding
625	625	594120 days. No such license shall be renewed, nor shall more than one such license for
626	626	595substantially the same route be granted to the same person because of the same emergency.
627	627	596 (d) Each application-based delivery worker shall at all times, upon request, furnish any
628	628	597information required by the division or its duly authorized employees relative to the condition,
629	629	598management and operation of Delivery Network Companies for which the worker provides
630	630	599delivery services, and shall comply with all lawful orders of the division. Every such application-
631	631	600based delivery worker neglecting to provide such information within the time prescribed as
632	632	601aforesaid, or to amend said information within 15 days of the date of any notice to do so.
633	633	602 (e) The licensing authority in any city or town may, in respect of matters not treated of in
634	634	603the provisions of law governing the operation of vehicles or mode of transportation, including
635	635	604but not limited to, gas-fueled, motorized cars and scooters, renewable energy-fueled vehicles,
636	636	605electric or non-electric bicycles under this chapter or rules established by the department, adopt
637	637	606rules and regulations governing such operation. After the adoption of any such rules and
638	638	607regulations, any Delivery Network Company operating such a vehicle as authorized by this
639	639	608chapter, may petition the division for the alteration, amendment or revocation of any such rule or
640	640	609regulation.
641	641	610 The division, upon such petition, after notice to the licensing authority and a hearing,
642	642	611may alter, amend or revoke such rule or regulation and establish in place thereof rules and
643	643	612regulations thereafter to be observed in such city or town. Thereafter, the division, upon its own
644	644	613initiative or upon petition of the mayor of such city or the selectmen of such town, or of Delivery 30 of 55
645	645	614Network Company in such city or town, may alter, amend or revoke any rule or regulation
646	646	615established by the division, and may adopt rules and regulations in substitution thereof.
647	647	616 Section 3. (a) All Delivery Network Companies and application-based delivery workers
648	648	617shall provide services in the form of a pre-arranged delivery using a digital network. An
649	649	618application-based delivery worker providing delivery network services shall not solicit, accept,
650	650	619arrange, or provide delivery services in another manner unless otherwise authorized by law.
651	651	620 (b) A Delivery Network Company shall apply for a permit to be issued and annually
652	652	621renewed by the division. No Delivery Network Company shall operate without a permit issued to
653	653	622it by the division.
654	654	623 (c) No application for a Delivery Network Company permit may be granted or renewed
655	655	624unless the division determines that the rendering of delivery network services by the applicant is
656	656	625consistent with the public interest. At a minimum, each applicant for a permit shall verify the
657	657	626following:
658	658	627 (i) that the applicant has an oversight process in place to ensure that the applicant and
659	659	628every application-based delivery worker using the Delivery Network Company's digital network
660	660	629possesses adequate insurance coverage, as required by this chapter and section 228 of chapter
661	661	630175, and otherwise complies with all laws, rules and regulations concerning transportation
662	662	631network vehicles and drivers;
663	663	632 (ii) that the applicant has an oversight process in place to ensure that each delivery
664	664	633worker using the applicant's digital network has, pursuant to section 4, successfully completed a
665	665	634background check, maintains a valid background check clearance certificate, is a suitable driver
666	666	635and has a delivery network driver certificate; 31 of 55
667	667	636 (iii) that the digital network used by the applicant to pre-arrange deliveries employs a
668	668	637clear and conspicuous explanation of the total cost and pricing structure applicable to each pre-
669	669	638arranged delivery before the delivery is purchased;
670	670	639 (iv) that Delivery Network Companies and delivery workers do not use excessive
671	671	640minimum or base rates;
672	672	641 (v) that the applicant has an oversight process in place to ensure that tolls incurred by a
673	673	642delivery worker providing delivery network services through its digital network are paid at the
674	674	643commercial rate including the utilization of the electronic toll transponder issued pursuant to
675	675	644subsection (l) of section 2A and the data cross-reference pursuant to subsection (m) of said
676	676	645section 2A;
677	677	646 (vi) that the applicant has an oversight process in place to ensure that the applicant and
678	678	647delivery workers using the applicant's digital network accommodate customers with special
679	679	648needs, including customers requiring that deliveries be placed in accessible locations, in all areas
680	680	649served by Delivery Network Companies, comply with all applicable laws regarding
681	681	650nondiscrimination against customers or potential customers;
682	682	651 (vii) that the applicant has a process in place to ensure that it shall: (1) maintain and
683	683	652update, pursuant to regulations promulgated by the division, a roster of each application-based
684	684	653delivery worker certified by the applicant to provide pre-arranged deliveries using the Delivery
685	685	654Network Company's digital network; (2) upon request and with appropriate legal process,
686	686	655provide those rosters to the division, the registry of motor vehicles and to state and local law
687	687	656enforcement; (3) maintain and update those rosters as required by the division; (4) comply with 32 of 55
688	688	657all requests for information from the division regarding the roster, including verification of
689	689	658completion of a background check as required pursuant to clause (ii);
690	690	659 (viii) that the applicant has established a toll-free customer service hotline that shall be
691	691	660capable of responding to delivery worker, and customer questions and complaints and that the
692	692	661hotline number shall be conspicuously posted along with the hours of operation on the
693	693	662applicant's website and within the applicant's digital network application; provided, however,
694	694	663that the division shall develop metrics concerning customer, application-based delivery worker,
695	695	664and consumer complaints, which shall be reported quarterly by Delivery Network Companies to
696	696	665the division and shall promulgate regulations concerning the investigation of complaints and
697	697	666compliance with these metrics;
698	698	667 (ix) has established procedures governing the safe provision of services compliant with
699	699	668state and federal law to disabled people, including but not limited to services provided to
700	700	669individuals with visual impairments and individuals who use mobility devices, including but not
701	701	670limited to wheelchairs, crutches, canes, walkers, and scooters; provided, however, that the
702	702	671division shall develop metrics concerning the provision of services to the disabled, Delivery
703	703	672Network Companies shall be a report quarterly to the division on compliance with the metrics;
704	704	673provided, however, that the division shall promulgate regulations concerning the investigation of
705	705	674complaints and compliance with these metrics;
706	706	675 (x) has established procedures, policies, protocols and practices, including but not limited
707	707	676to trainings and the implementation of a panic-button system within the Delivery Network
708	708	677Company’s digital platform linked to both the Delivery Network Company and local law
709	709	678enforcement, to promote the safety of its application-based delivery workers and customers; 33 of 55
710	710	679provided, however, that the division shall develop metrics concerning customer, application-
711	711	680based delivery worker and consumer safety-related complaints, training, and implementation and
712	712	681utilization of the panic button system which shall be reported quarterly to the division and shall
713	713	682promulgate regulations concerning the investigation of complaints and compliance with these
714	714	683metrics; and
715	715	684 (xi) has an oversight process in place to ensure that application-based delivery network
716	716	685workers with vehicles registered outside of the commonwealth meet the requirements of this
717	717	686chapter.
718	718	687 Provided, however, that the Delivery Network Company’s rosters including the name,
719	719	688address, phone, email contacts and base location shall not be a public record subject to disclosure
720	720	689under chapter 66.
721	721	690 (d) After obtaining the information required under clause (ii) of subsection (c) of section
722	722	6912A , the division shall determine whether the application-based delivery worker has committed
723	723	692an offense that would disqualify them from providing Delivery Network Company services,
724	724	693according to the division’s rules, orders and regulations. The division shall determine if the
725	725	694application-based delivery worker applicant is suitable and, if determined to be suitable, shall
726	726	695provide the Delivery Network Company and the application-delivery worker with a background
727	727	696check clearance certificate. The division shall conduct a background check pursuant to clause (ii)
728	728	697of subsection (c) of section 4 not less than annually. If the department finds that an application-
729	729	698based delivery worker is not suitable under the annual background check, the division shall
730	730	699notify the application-based transportation worker and each Delivery Network Company that the
731	731	700background check clearance certificate is revoked or suspended. 34 of 55
732	732	701 (e) The division shall calculate and the secretary of administration and finance shall
733	733	702determine, pursuant to section 3B of chapter 7, the costs associated with the division’s review of
734	734	703an application for a Delivery Network Company operations permit, for renewal of the permit and
735	735	704to issue background check clearance certificates, and for oversight, investigation, compliance,
736	736	705and enforcement of Delivery Network Company reporting requirements and metrics. The
737	737	706department may charge the Delivery Network Company a reasonable fee to cover the costs.
738	738	707 Section 4. (a)
739	739	708 An application-based delivery worker who seeks to utilize the digital network of a
740	740	709Delivery Network Company to provide pre-arranged delivery services shall apply to a Delivery
741	741	710Network Company for a Delivery Network Company worker certificate. A person shall not
742	742	711provide Delivery Network Company services in the commonwealth without a valid background
743	743	712check clearance certificate and a delivery network worker certificate. The delivery network
744	744	713worker certificate shall be in a form prescribed by the division which shall include the name,
745	745	714picture of the delivery worker, and the license plate number of the motorized vehicle in use, if
746	746	715one will be utilized in the course of providing delivery services, and shall post a certificate for
747	747	716each Delivery Network Company that has certified the worker on their person in a way that is
748	748	717visible to the consumer while delivery services are being provided. A Delivery Network
749	749	718Company shall not issue a delivery network worker certificate to a worker applicant unless the
750	750	719Delivery Network Company has verified that the worker has received a background check
751	751	720clearance certificate from the division. 35 of 55
752	752	721 (b) At a minimum, and subject to such other requirements as the division may establish
753	753	722by regulation, a Delivery Network Company shall only issue a delivery network worker
754	754	723certificate to a delivery worker who:
755	755	724 (i) is at least 21 years of age;
756	756	725 (ii) if utilizing an automobile or motorcycle to make deliveries, has access to an
757	757	726automobile or motorcycle that has been registered in the commonwealth and inspected pursuant
758	758	727to section 7A of chapter 90 and regulations promulgated under said section 7A of said section 90
759	759	728at a facility licensed by the registry of motor vehicles; or has access to an automobile or
760	760	729motorcycle that has been registered in another state, and the automobile or motorcycle complies
761	761	730with the inspection requirement of the state where the vehicle is registered; or if utilizing a
762	762	731battery-powered or electric bicycle or standing scooter to make deliveries, complies with all
763	763	732municipal registration and inspection requirements
764	764	733 (iii) complies with insurance requirements established in this Chapter or in section 228 of
765	765	734chapter 175;
766	766	735 (iv) provides notice to all insurers of the vehicle that the applicant intends to use the
767	767	736vehicle to provide delivery network services;
768	768	737 (v) is determined to be suitable to perform delivery network services pursuant to
769	769	738subsections (c) and (d);
770	770	739 (vi) does not appear on the National Sex Offender Registry;
771	771	740 (vii) has not had a conviction in the past 7 years for: (1) a sex offense or violent crime as
772	772	741defined in section 133E of chapter 127; (2) a crime under section 24 of chapter 90 or been 36 of 55
773	773	742assigned to an alcohol or controlled substance education, treatment or rehabilitation program by
774	774	743a court; (3) leaving the scene of property damage or personal injury caused by a motor vehicle;
775	775	744(4) felony robbery; or (5) felony fraud; and
776	776	745 (viii) if operating an automobile or motorcycle, has a driving record that does not include
777	777	746more than 4 traffic violations or any major traffic violation, as defined by the division of
778	778	747insurance, in the preceding 3 year period.
779	779	748 (c) Prior to providing delivery network services, an application-based delivery worker-
780	780	749applicant shall be subject to a 2–part background check process to determine if the delivery
781	781	750applicant is suitable. The Delivery Network Company shall: (i) conduct a background check and
782	782	751disqualify applicants on the basis of a suitability standard to be determined in regulations
783	783	752promulgated by the division; and (ii) submit identifying information regarding an applicant to the
784	784	753division, which shall refer that information to the department of criminal justice information
785	785	754services, which shall obtain all available criminal offender record information, as defined in
786	786	755section 167 of chapter 6, and pursuant to section 172 of said chapter 6 and sex offender registry
787	787	756information.
788	788	757 (d) Not less than 2 times per year, the Delivery Network Company shall conduct a
789	789	758background check pursuant to clause (i) of subsection (c) and shall immediately remove an
790	790	759application-based delivery worker from its digital network if the worker is found not suitable
791	791	760pursuant to the suitability standards to be determined in regulations promulgated by the division.
792	792	761 (e) The Delivery Network Company shall immediately suspend a delivery network
793	793	762driver's certificate, and notify the division of the suspension, upon learning of and verifying a
794	794	763driver's arrest for a crime or a driver's citation for a driving infraction that would render the 37 of 55
795	795	764driver unsuitable to provide delivery network services. A Delivery Network Company shall
796	796	765report such suspension, in a form and manner prescribed by the division, to the division, which
797	797	766shall ensure all Delivery Network Companies that certified that delivery worker take appropriate
798	798	767action. Any such suspension may be limited to the period of time necessary to determine whether
799	799	768continued provision of delivery network services by the driver is consistent with the public
800	800	769interest.
801	801	770 (f) In accordance with this section, the division shall quarterly audit the delivery worker
802	802	771certification and criminal background check processes of a Delivery Network Company. Non-
803	803	772compliance with this section shall constitute cause for the division to suspend or revoke a
804	804	773Delivery Network Company permit pursuant to section 6.
805	805	774 Section 5. (a) Each transportation network and Delivery Network Company shall carry
806	806	775adequate insurance, as required by this herein and section 228 of chapter 175, for each motorized
807	807	776vehicle being used to provide delivery services through a Delivery Network Company’s digital
808	808	777network.
809	809	778 (b) A Delivery Network Company shall carry adequate insurance for each automobile or
810	810	779motorcycle being used to provide delivery network services in association with an application-
811	811	780based delivery worker’s certificate. An application-based delivery worker shall carry proof of
812	812	781adequate insurance provided by a Delivery Network Company for which they provide services,
813	813	782as required by section 228 of chapter 175, at all times while delivery services on behalf of a
814	814	783Delivery Network Company. In the event of an incident giving rise to personal injury or property
815	815	784damage, an application-based delivery worker shall provide insurance coverage information to
816	816	785directly interested parties, vehicle insurers and law enforcement. Upon request, a elivery network 38 of 55
817	817	786worker shall disclose to directly interested parties, including vehicle drivers, insurers and law
818	818	787enforcement whether the delivery worker was providing delivery network services at the time of
819	819	788the incident. Nothing in this Section exempts an application-based delivery worker from the
820	820	789commonwealth’s minimum vehicle insurance requirements while driving a vehicle at any time
821	821	790they are not providing services on behalf of a Delivery Network Company.
822	822	791 (c) Motor vehicle liability insurance providers offering coverage to a Delivery Network
823	823	792Company to comply with subsection (a) or (b) shall cover all application-based delivery workers
824	824	793providing delivery services for compensation on behalf of the Delivery Network Company; their
825	825	794insurance policies will cover all times when an application-based delivery worker is driving an
826	826	795automobile or motorcycle, logged on to the Delivery Network Company digital network, and are
827	827	796available for a delivery assignment, or are utilizing an automobile or motorcycle to transport a
828	828	797delivery on behalf of a Delivery Network Company.
829	829	798 (d) A Delivery Network Company shall disclose, in writing, to a prospective application-
830	830	799based delivery worker, before certifying the application-based delivery worker to provide
831	831	800delivery services through the Delivery Network Company digital network: (i) the insurance
832	832	801coverage, including the types of coverage and the limits for each coverage, that the Delivery
833	833	802Network Company provides while the application-based delivery worker provides delivery
834	834	803network services; and (ii) a statement that the application-based delivery worker’s own
835	835	804automobile insurance policy does not provide coverage while the driver is providing delivery
836	836	805network services.
837	837	806 (e) In a claims coverage investigation, a Delivery Network Company, an application-
838	838	807based delivery worker and an insurer responding to a claim involving a Delivery Network 39 of 55
839	839	808Company shall disclose to each other a clear description of the coverage, exclusions and limits
840	840	809provided under an automobile insurance policy maintained under this section and shall cooperate
841	841	810to facilitate the exchange of relevant information with directly involved parties including, but not
842	842	811limited to, the precise times that an application-based delivery worker logged on and off of the
843	843	812Delivery Network Company’s digital network in the 12-hour period immediately preceding and
844	844	813in the 12-hour period immediately following the accident.
845	845	814 Section 6. (a) The division shall require a Delivery Network Company to maintain certain
846	846	815records, in addition to the records required by clause (vii) of subsection (a) of section 3
847	847	816including, but not limited to, records pertaining to incidents reported to the Delivery Network
848	848	817Company relative to a application-based delivery worker, customer, or other impacted
849	849	818individual, records pertaining to accessibility, and records pertaining to pricing. The division
850	850	819shall issue guidelines on the content, maintenance, and disclosure of incident reports,
851	851	820accessibility data and complaints, and pricing. A Delivery Network Company shall retain the
852	852	821incident reports for not less than 7 years. Each Delivery Network Company or applicant to
853	853	822operate as Delivery Network Company shall furnish all information and documents related to the
854	854	823condition, management and operation of the company upon the division’s request; provided,
855	855	824however, that any such request shall be reasonably related to the requirements set forth in this
856	856	825chapter and the rules and regulations promulgated under this chapter. The failure to maintain or
857	857	826furnish information to the division within a timeline to be determined by the division shall,
858	858	827barring a showing of good cause, constitute cause to not issue, suspend or revoke a Delivery
859	859	828Network Company permit pursuant to section 6.
860	860	829 (b) A Delivery Network Company shall provide to the division a detailed monthly
861	861	830accounting of application-based delivery worker and customer complaints received under clause 40 of 55
862	862	831(viii) of subsection (a) of section 3 and the actions the company has taken, if any, to resolve said
863	863	832complaints.
864	864	833 (c) In response to a specific complaint alleging criminal conduct against any application-
865	865	834based delivery worker or customer, a Delivery Network Company shall, upon request and after
866	866	835being served with appropriate legal process, provide information to a requesting law enforcement
867	867	836agency necessary to investigate the complaint, as determined by the law enforcement agency.
868	868	837 Delivery Network Companies shall, after being served with appropriate legal process,
869	869	838cooperate with law enforcement and provide information related to an alleged criminal incident
870	870	839including, but not limited to, delivery-specific details regarding origin and destination, length of
871	871	840trip, GPS coordinates of route, delivery worker and/or customer identification and, if applicable,
872	872	841information reported to the Delivery Network Company regarding the alleged criminal activity
873	873	842by an application-based delivery worker or customer, to the appropriate law enforcement agency
874	874	843upon receipt of a specific complaint alleging criminal conduct against any application-based
875	875	844delivery worker or customer.
876	876	845 (d) Any record furnished to the department shall exclude information identifying
877	877	846application-based delivery workers or customers, unless the division explains, in writing, to the
878	878	847Delivery Network Company why the information is necessary for the enforcement processes
879	879	848established in this chapter.
880	880	849 (e) Any record furnished to the department or other state agency by a Delivery Network
881	881	850Company pursuant to this chapter including, but not limited to, the roster of permitted
882	882	851application-based delivery workers, shall not be considered a public record as defined in clause
883	883	85226 of section 7 of chapter 4 or chapter 66. An application for a Delivery Network Company 41 of 55
884	884	853permit submitted pursuant to this chapter shall be a public record as defined in said clause 26 of
885	885	854said section 7 of said chapter 4 or said chapter 66.
886	886	855 Section 7. Nothing in this chapter shall require a Delivery Network Company to issue a
887	887	856delivery worker certificate to an application-based delivery worker applicant who fails to meet
888	888	857the requirements of this chapter or prevent the Delivery Network Company from suspending,
889	889	858revoking or otherwise terminating an application-based delivery worker from its digital network
890	890	859for failure to meet the requirements of this chapter.
891	891	860 Any application-based delivery worker whose delivery worker certificate is suspended,
892	892	861revoked or otherwise terminated or application-based delivery worker applicant who denied a
893	893	862delivery worker certificate on the grounds that they do not meet the criteria for certification
894	894	863under this Section may appeal the same to the department under Section 2B(o) of this Chapter.
895	895	864 Section 8. On the first day of each month, each Delivery Network Company shall submit
896	896	865to the division, in a format approved by the division, data related to each pre-arranged delivery
897	897	866provided in the month prior to the previous month and shall include for each pre-arranged
898	898	867delivery: (i) the latitude and longitude for the points of the origination and termination,
899	899	868calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination,
900	900	869calculated to the nearest minute; (iii) the total cost paid by the customer for the delivery services;
901	901	870(iv) the universally-unique identifier associated with the application-based delivery worker; (v)
902	902	871the application-based delivery worker’s city or town of residence as appearing on the driver's
903	903	872license; (vi) whether the application-based delivery worker engaged in selection of products,
904	904	873packing and transportation or any portion of the service; (vii) whether the customer requested
905	905	874any accommodations for special needs; (viii) whether the application-based delivery worker 42 of 55
906	906	875provided the accommodation; (ix) whether there were any application-based delivery worker or
907	907	876customer-initiated cancellations; (x) the total time that the application-based delivery worker
908	908	877spent selecting, packing or on the way to pick up the items for delivery; (xi) the total time that
909	909	878the application-based delivery worker spent providing the pre-arranged delivery services; (xii)
910	910	879the geographic position of the vehicle during the entire duration of the pre-arranged delivery,
911	911	880provided at intervals of not less than every 60 seconds of the pre-arranged delivery; (xiii) the
912	912	881total mileage driven by the application-based delivery worker while on the way to pick up the
913	913	882delivery; (xiv) the total mileage driven by the application-based transportation worker while
914	914	883providing the pre-arranged delivery service; (xv) the application-based delivery worker’s vehicle
915	915	884license plate; (xvi) whether the pre-arranged delivery was advertised by the Delivery Network
916	916	885Company as providing expedited or other premium service; and (xv) the type of vehicle utilized
917	917	886by the application-based transportation worker for the delivery.
918	918	887 (b) The division may obtain additional delivery data from a Delivery Network Company
919	919	888for the purposes of congestion management, which may include, but shall not be limited to: (i)
920	920	889the total number of application-based delivery workers that utilized the Delivery Network
921	921	890Company digital network within specified geographic areas and time periods as determined by
922	922	891the division; and (ii) the total time spent and total miles driven by application-based delivery
923	923	892workers in such geographic areas or time periods as determined by the Department while (A) on
924	924	893the way to pick up a delivery or (B) engaged in a delivery. The Department shall promulgate
925	925	894regulations relative to data collection pursuant to this subsection prior to obtaining the data.
926	926	895 (c) Annually, not later than June 30, the division shall post on its website, in aggregate
927	927	896form, the total number of all deliveries provided by all Delivery Network Companies that
928	928	897originated in each city or town, each city or town where the deliveries originating in each city or 43 of 55
929	929	898town terminated and the average miles and minutes of the deliveries that originated in each city
930	930	899or town and terminated in each other respective city or town.
931	931	900 (d) For the purposes of congestion management, transportation planning or emissions
932	932	901tracking, as well as any other beneficial use in the interest of the Commonwealth, its
933	933	902subdivisions, and/or its municipalities, the division may enter into data-sharing agreements to
934	934	903share electronic, de-identified delivery trip-level data received by the division pursuant to this
935	935	904section with the executive office of technology services and security, the executive office of
936	936	905energy and environmental affairs, the Massachusetts Department of Transportation, the
937	937	906Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department
938	938	907of environmental protection, a regional transit authority established under section 3 of chapter
939	939	908161B, municipalities serviced by Delivery Network Companies, a regional planning agency in
940	940	909the commonwealth and a metropolitan planning organization in the commonwealth. The
941	941	910Commonwealth will provide versions of this data, redacted to address the reasonable privacy
942	942	911concerns of both application-based delivery workers and consumers only to the extent absolutely
943	943	912necessary to individuals and organizations within the Commonwealth who are stakeholders upon
944	944	913request and a reasonable showing of interest in the data.
945	945	914 The division shall prescribe the form and content of a data-sharing agreement under this
946	946	915subsection, the manner of transmitting the information and the information security measures
947	947	916that shall be employed by an entity receiving the data under any such data sharing agreement. A
948	948	917data-sharing agreement shall specify that the information provided by the division shall be
949	949	918aggregated and de-identified and may be used only for the purposes set forth in the agreement.
950	950	919Any data received by an entity from the division through a data-sharing agreement under this 44 of 55
951	951	920subsection shall be considered a public record under section 7 of chapter 4 and chapter 66 and
952	952	921shall be subject to reasonable limitations on dissemination for profit.
953	953	922 Section 9. (a) The division shall establish a program to reduce greenhouse gas emissions
954	954	923from Delivery Network Companies. To the extent permitted under federal law, the program shall
955	955	924establish requirements for Delivery Network Companies including, but not limited to, vehicle
956	956	925electrification and greenhouse gas emissions requirements. Such requirements shall include, but
957	957	926not be limited to, a requirement for said companies to submit biennial plans to gradually increase
958	958	927zero-emission delivery network vehicles and reduce greenhouse gas emissions to meet goals set
959	959	928by the executive office of energy and environmental affairs. If the division determines that
960	960	929vehicle electrification requirements alone would be sufficient to achieve the greenhouse gas
961	961	930emissions goals set by the executive office of energy and environmental affairs, then it may
962	962	931establish requirements for vehicle electrification without establishing separate requirements for
963	963	932greenhouse gas emissions. The division shall, to the extent practicable, minimize any negative
964	964	933impacts of the program on application-based delivery workers from neighborhoods and
965	965	934municipalities that have an annual median household income of not more than 65 per cent of the
966	966	935statewide annual median household income.
967	967	936 (b)The department shall establish regulations to implement the program established
968	968	937in this section.
969	969	938 SECTION 4. SECTION 3 shall take effect on 1 January 2026..
970	970	939 SECTION 5. Section 1 of chapter 150A of the General Laws is hereby amended, as
971	971	940appearing in the 2022 Official Edition, inserting after “services.” the following paragraphs :- 45 of 55
972	972	941 Experience has also proven that workers are often unlawfully deprived access to their
973	973	942fundamental rights when there is an absence of decisive agency enforcement in an industry or a
974	974	943perceived ambiguity resulting from rapidly shifting precedent. The General Court recognizes
975	975	944that the National Labor Relations Act protects the rights of employees in the private sector
976	976	945whose employers meet the Act’s jurisdictional eligibility requirements and are not expressly
977	977	946exempted by its provisions. The General Court also takes legislative notice of the National
978	978	947Labor Relations Board’s Atlanta Opera decision, 372 NLRB No. 95 (2023), vindicating the
979	979	948rights of certain per diem employees, hired on a flexible, short-term basis, to organize and to
980	980	949select an exclusive bargaining representative pursuant to an NLRB election and overturning
981	981	950Super Shuttle DFW, Inc., 367 NLRB No. 75 (2019). Nonetheless, to date, the NLRB has yet to
982	982	951issue a decision specifically addressing the applicability of the NLRA to Delivery Network
983	983	952Companies and their respective application-based delivery workers. For the reasons expressed
984	984	953above, securing the rights of these, and all, employees in the Commonwealth to organize,
985	985	954bargain, and act collectively is imperative to our state’s health and prosperity. Therefore, the
986	986	955General Court declares that in the absence of the NLRB rendering a decision finding that the
987	987	956NLRB holds exclusive jurisdiction over the labor-management relations of TNCs and DNCs and
988	988	957that their workers are employees as defined by the National Labor Relations Act, and thereby
989	989	958preempting state regulation of the same, the Commonwealth shall define DNCs as employers and
990	990	959their delivery workers as employees to vindicate the following public policies, consistent with
991	991	960Section 10 of this Chapter.
992	992	961 It is further declared to be the policy of the commonwealth, in the interest of allowing
993	993	962certain employees full freedom of association and to eliminate strife and other obstructions
994	994	963encumbering the efficient and effective development of the private on-demand transit and 46 of 55
995	995	964delivery industries: (a) to promote collective bargaining between DNCs and their employees; (b)
996	996	965to protect the right of employees of DNCs to organize and select collective bargaining
997	997	966representatives of their own choosing; (c) to prevent lockouts, strikes, slowdowns or withholding
998	998	967of goods or services.
999	999	968 SECTION 6. SECTION 5 shall take effect on 1 January 2026.
1000	1000	969 SECTION 7. Section 2 of Chapter 150A of the General Laws is hereby further amended
1001	1001	970by inserting, after the word “facility”, the following words:-
1002	1002	971 any Delivery Network Company, subsidiary, pay or labor agent, or vendor thereof,
1003	1003	972 SECTION 8. SECTION 7 shall take effect on 1 January 2026.
1004	1004	973 SECTION 9. Section 3 of Chapter 150A is hereby further amended by inserting, after the
1005	1005	974word “subdivisions,” the following words:-
1006	1006	975 and shall include application-based delivery workers employed by Delivery Network
1007	1007	976Companies,
1008	1008	977 SECTION 10. SECTION 9 shall take effect on 1 January 2026..
1009	1009	978 SECTION 11. Chapter 150A of the General Laws is hereby further amended by inserting
1010	1010	979after section 3A the following section:-
1011	1011	980 Section 3B. (1) The term “employee” in this Chapter shall include any individual
1012	1012	981assigned delivery work by logging onto a digital network through an on-line enabled application
1013	1013	982or platform of a Delivery Network Company as defined by SECTION 1 [establishing G.L. c. 149
1014	1014	983s. 148E] but shall not include any individual who, with respect to the provision of services to a 47 of 55
1015	1015	984Delivery Network Company though an online-enabled application or platform, is an employee
1016	1016	985within the meaning of 29 U.S.C. § 152(3).
1017	1017	986 The term “employer” in this Chapter shall include any Delivery Network Company, as
1018	1018	987defined in SECTION 1 [establishing c. 149 s. 148E] of this legislation and as defined in
1019	1019	988SECTION 3 [establishing G.L. c. 159A ¾].
1020	1020	989 (2) In the event of a violation of Section 4 of this Chapter by a Delivery Network
1021	1021	990Company against an application-based delivery workers, the Department of Labor Relations
1022	1022	991shall have all necessary and appropriate power to conduct an investigation of such violation.
1023	1023	992Discipline, termination, or another adverse action within 6 months after the employee has made a
1024	1024	993report of a violation of this Chapter, shall create a rebuttable presumption that such discharge is a
1025	1025	994reprisal against such employee. In such case, the employer shall be liable for damages which
1026	1026	995shall not be less than any lost wages, compensatory damages, and an attorney’s reasonable costs
1027	1027	996and fees.
1028	1028	997 (3) The appropriateness of any unit of employees under this Section shall be determined
1029	1029	998pursuant to Section 5 of this Chapter and consistent with its precedents. With regard to the scope
1030	1030	999of bargaining units recognized under this section, a statewide and/or industrywide bargaining
1031	1031	1000unit may be considered an appropriate unit.
1032	1032	1001 (4) Upon an application to the department demonstrating a showing of interest of at least
1033	1033	1002five percent of the petitioned for bargaining unit, the petitioning labor organization shall receive
1034	1034	1003the following contact information for each bargaining unit member in the petitioned for unit: (a)
1035	1035	1004full name, (b) cell phone number, (c) company and personal email addresses, if any, and (d) the
1036	1036	1005worker’s home address. 48 of 55
1037	1037	1006 SECTION 12. SECTION 11 shall take effect on 1 January 2026.
1038	1038	1007 SECTION 13. Chapter 150A of the General Laws is hereby further amended by inserting
1039	1039	1008after section 12 the following section:-
1040	1040	1009 Section 13. In order to ensure sufficient funding of the department of labor relations and
1041	1041	1010commonwealth employee relations board and the board of conciliation and arbitration to handle
1042	1042	1011petitions, charges, and other matters arising from jurisdiction over Delivery Network Company
1043	1043	1012workers, a surcharge of 10 cents shall be assessed on each Delivery Network Company delivery
1044	1044	1013and remitted to the commonwealth on a monthly basis.
1045	1045	1014 SECTION 14. SECTION 13 shall take effect on 1 January 2026.
1046	1046	1015 SECTION 15. The title of Chapter 175, Section 228 shall be amended to add “and
1047	1047	1016Delivery Network Companies” and Chapter 175 by striking out section 228 and replacing it with
1048	1048	1017the following section:
1049	1049	1018 Section 228. (a) As used in this section, the words “digital network”, “division”, “pre-
1050	1050	1019arranged ride” and “transportation network company” shall have the same definitions as set forth
1051	1051	1020in section 1 of chapter 159A½ and “digital network”, “division”, “delivery assignment”,
1052	1052	1021“Delivery Network Company”, and “app-based delivery worker” in Section 1 of Chapter 159A¾
1053	1053	1022[SECTION 3, Sub-Section 1, herein] unless the context clearly requires otherwise.
1054	1054	1023 (b) The insurance requirements in this section shall constitute adequate insurance for
1055	1055	1024transportation network drivers and app-based delivery workers and shall satisfy the financial
1056	1056	1025responsibility requirement for a motor vehicle established by section 34A of chapter 90 and
1057	1057	1026section 113L of chapter 175; provided, however, that the insurance requirements in this section 49 of 55
1058	1058	1027shall only satisfy the financial responsibility requirements for a motor vehicle established by said
1059	1059	1028section 34A of said chapter 90 and said section 113L of chapter 175 with respect to the provision
1060	1060	1029of transportation network services and delivery network services in a motor vehicle operated by a
1061	1061	1030transportation network driver or app-based delivery worker. Transportation network drivers and
1062	1062	1031app-based delivery workers shall also comply with said section 34A of said chapter 90 and said
1063	1063	1032section 113L of said chapter 175 and maintain insurance coverage for the vehicle during those
1064	1064	1033periods of time when the vehicle is being operated, but is not providing transportation network
1065	1065	1034services or delivery network services.
1066	1066	1035 (c) A transportation network driver who is logged onto the transportation network
1067	1067	1036company’s digital network and is available to receive transportation requests, but is not engaged
1068	1068	1037in a pre-arranged ride shall have automobile liability insurance that provides per occurrence, per
1069	1069	1038vehicle coverage amounting to at least $50,000 of coverage per individual for bodily injury,
1070	1070	1039$100,000 of total coverage for bodily injury, $30,000 of coverage for property damage,
1071	1071	1040uninsured motorist coverage, to the extent required by said section 113L of said chapter 175, and
1072	1072	1041personal injury protection, to the extent required by section 34A of chapter 90. The insurance
1073	1073	1042may be held by the transportation network driver, the transportation network company or a
1074	1074	1043combination thereof.
1075	1075	1044 An app-based delivery worker who is logged onto the Delivery Network Company’s
1076	1076	1045digital network and is available to receive delivery requests and is operating a motor vehicle, but
1077	1077	1046is not engaged in transportation using a motor vehicle for a pre-arranged delivery assignment,
1078	1078	1047shall be covered by an insurance policy that, at minimum, provides per occurrence, per vehicle
1079	1079	1048coverage amounting to at least $50,000 of coverage per individual for bodily injury, $100,000 of
1080	1080	1049total coverage for bodily injury, $30,000 of coverage for property damage, uninsured motorist 50 of 55
1081	1081	1050coverage, to the extent required by said section 113L of said chapter 175, and personal injury
1082	1082	1051protection, to the extent required by section 34A of chapter 90. The insurance shall be held,
1083	1083	1052purchased, and maintained by the Delivery Network Company.
1084	1084	1053 (d) When a transportation network driver is engaged in a pre-arranged ride, the driver
1085	1085	1054shall have automobile liability insurance that provides at least $1,000,000 in per occurrence, per
1086	1086	1055vehicle coverage for death, bodily injury and property damage, uninsured motorist coverage, to
1087	1087	1056the extent required by section 113L of said chapter 175, and personal injury protection, to the
1088	1088	1057extent required by section 34A of chapter 90. The insurance may be held by the transportation
1089	1089	1058network driver, the transportation network company, or a combination thereof.
1090	1090	1059 When an app-based delivery worker is transporting a delivery assignment utilizing a
1091	1091	1060motor vehicle, the delivery worker shall have motor vehicle liability insurance that provides at
1092	1092	1061least $1,000,000 in per occurrence, per vehicle coverage for death, bodily injury and property
1093	1093	1062damage, uninsured motorist coverage, to the extent required by section 113L of said chapter 175,
1094	1094	1063and personal injury protection, to the extent required by section 34A of chapter 90. The
1095	1095	1064insurance shall be held, purchased, and maintained by the Delivery Network Company.
1096	1096	1065 (e) In every instance where insurance maintained by a transportation network driver to
1097	1097	1066fulfill the insurance requirements in subsections (c) and (d) has lapsed, failed to provide the
1098	1098	1067required coverage, denied a claim for the required coverage or otherwise ceased to exist,
1099	1099	1068insurance maintained by a transportation network company shall provide the coverage required
1100	1100	1069by said subsections (c) and (d), beginning with the first dollar of a claim, and shall have the duty
1101	1101	1070to investigate and defend that claim. 51 of 55
1102	1102	1071 In every instance where insurance maintained on behalf of an app-based delivery worker
1103	1103	1072to fulfill the insurance requirements in subsections (c) and (d) has lapsed, failed to provide the
1104	1104	1073required coverage, denied a claim for the required coverage or otherwise ceased to exist,
1105	1105	1074insurance maintained by a Delivery Network Company shall provide the coverage required by
1106	1106	1075said subsections (c) and (d), beginning with the first dollar of a claim, and shall have the duty to
1107	1107	1076investigate and defend that claim.
1108	1108	1077 (f) Coverage under an automobile insurance policy maintained by the transportation
1109	1109	1078network company shall not be dependent on a personal automobile insurer first denying a claim
1110	1110	1079nor shall a personal automobile insurer be required to first deny a claim.
1111	1111	1080 Coverage under a motor vehicle insurance policy maintained by the Delivery Network
1112	1112	1081Company shall not be dependent on a personal motor vehicle insurer first denying a claim nor
1113	1113	1082shall a personal motor vehicle insurer be required to first deny a claim.
1114	1114	1083 (g) Insurance required by this section shall be placed with an insurer authorized to do
1115	1115	1084business in the commonwealth or, if such coverage is not available, from any admitted carrier,
1116	1116	1085then with a surplus lines insurer eligible pursuant to section 168 of chapter 175.
1117	1117	1086 (h) Insurers that write motor vehicle insurance may exclude any and all coverage
1118	1118	1087afforded under the policy issued to an owner or operator of a vehicle for any loss or injury that
1119	1119	1088occurs while a driver is providing transportation network services or while a driver provides a
1120	1120	1089pre-arranged ride or while an app-based delivery worker is utilizing a motor vehicle to fulfill a
1121	1121	1090delivery assignment. This right to exclude all coverage may apply to any coverage included in a
1122	1122	1091motor vehicle insurance policy including, but not limited to: (i) liability coverage for bodily
1123	1123	1092injury and property damage; (ii) personal injury protection coverage as defined in section 34A of 52 of 55
1124	1124	1093chapter 90; (iii) uninsured and underinsured motorist coverage; (iv) medical payments coverage;
1125	1125	1094(v) comprehensive physical damage coverage; and (vi) collision physical damage coverage.
1126	1126	1095 Such exclusions shall apply notwithstanding any requirement of said section 34A of said
1127	1127	1096chapter 90 and section 113L of chapter 175. Nothing in this section implies or requires that a
1128	1128	1097personal motor vehicle insurance policy provide coverage while the transportation network
1129	1129	1098driver is logged on to the transportation network company’s digital network, while the
1130	1130	1099transportation network driver is engaged in a pre-arranged ride or while the transportation
1131	1131	1100network driver otherwise uses a vehicle to transport riders for compensation. Nothing in this
1132	1132	1101section implies or requires that a personal motor vehicle insurance policy provide coverage while
1133	1133	1102the app-based delivery worker is logged on to the Delivery Network Company’s digital network,
1134	1134	1103while the app-based delivery worker is utilizing a motor vehicle to fulfill a delivery assignment.
1135	1135	1104 Nothing shall preclude an insurer from providing coverage for the transportation network
1136	1136	1105driver’s or app-based delivery worker’s motor vehicle if the insurer so chooses to do so by
1137	1137	1106contract or endorsement.
1138	1138	1107 Motor vehicle insurers that exclude the coverage described in this section shall not have a
1139	1139	1108duty to defend or indemnify any claim expressly excluded by a policy.
1140	1140	1109 Nothing in this section shall invalidate or limit an exclusion contained in a policy,
1141	1141	1110including any policy in use or approved for use in the commonwealth before the enactment of
1142	1142	1111this section that excludes coverage for motor vehicles used to carry persons or property for a
1143	1143	1112charge or available for hire by the public. A motor vehicle insurer that defends or indemnifies a
1144	1144	1113claim against a transportation network driver or app-based delivery worker that is excluded
1145	1145	1114under the terms of its policy shall have a right of contribution against other insurers that provide 53 of 55
1146	1146	1115motor vehicle insurance to the same transportation network driver/app-based delivery worker in
1147	1147	1116satisfaction of the coverage requirements of this section at the time of loss.
1148	1148	1117 (i) The commissioner of insurance, in consultation with the division of transportation and
1149	1149	1118Delivery Network Companies established in section 23 of chapter 25 [as amended by SECTION
1150	1150	111915], shall issue an annual report concerning the coverage minimums required for transportation
1151	1151	1120network and delivery network motor vehicles during the period of time where the transportation
1152	1152	1121network driver or app-based driver is logged onto the digital network but is not engaged in a pre-
1153	1153	1122arranged ride or utilizing a vehicle as part of delivery assignment. The report shall include, at a
1154	1154	1123minimum: (i) an examination, based on actuarial data, of whether the existing coverage
1155	1155	1124requirements provide adequate protection for riders, transportation network drivers, app-based
1156	1156	1125delivery workers, and the general public; (ii) whether it is presently feasible for a transportation
1157	1157	1126network company or a Delivery Network Company to obtain an insurance policy providing
1158	1158	1127coverage of $1,000,000 per occurrence, per vehicle during the relevant time period; (iii) if such a
1159	1159	1128policy is available, whether the coverage minimums should be raised so that all transportation
1160	1160	1129network vehicles carry $1,000,000 of coverage per occurrence, per vehicle, at all times while
1161	1161	1130operating as a transportation network company; (iv) whether a strategy can be developed to raise
1162	1162	1131the coverage requirements during this period through the use of admitted motor vehicle
1163	1163	1132insurance carriers, the surplus lines market and technological innovations in the insurance
1164	1164	1133industry such as the use of telematics to improve risk assessment; and (v) any recommended
1165	1165	1134action by the division of insurance, the division of transportation and Delivery Network
1166	1166	1135Companies established in said section 23 of said chapter 25, the legislature or other government
1167	1167	1136entity that would encourage the insurance market to provide policies with higher insurance limits
1168	1168	1137while transportation network companies are not engaged in a pre-arranged ride and while 54 of 55
1169	1169	1138Delivery Network Companies are not transporting delivery assignments utilizing a motor
1170	1170	1139vehicle.
1171	1171	1140 The commissioner of insurance shall file an annual report detailing any recommendations
1172	1172	1141together with actuarial analysis with the clerks of the senate and house of representatives, the
1173	1173	1142chairs of the house and senate committees on ways and means and the chairs of the joint
1174	1174	1143committee on financial services not later than February 15.
1175	1175	1144 SECTION 16. SECTION 15 shall be effective on January 1, 2026.
1176	1176	1145 SECTION 17. Section 23 of Chapter 25 of the Massachusetts General Laws shall be
1177	1177	1146amended as follows:
1178	1178	1147 (a) There shall be established within the department a division that shall be under the
1179	1179	1148general supervision and control of the commission and shall be under the control of a director.
1180	1180	1149The division shall promulgate rules and regulations and shall perform such functions as
1181	1181	1150necessary for the administration, implementation and enforcement of chapter 159A ½ and
1182	1182	1151chapter 159A¾.
1183	1183	1152 (b) To fund the division’s activities, the division shall assess a surcharge on each
1184	1184	1153transportation network company, as defined in section 1 of chapter 159A ½, and each Delivery
1185	1185	1154Network Company, as defined in section 1 of chapter 159A¾. Each transportation network
1186	1186	1155company and each Delivery Network Company shall annually report by March 31 its intrastate
1187	1187	1156operating revenues for the previous calendar year to the division. The surcharge shall be
1188	1188	1157apportioned according to each transportation network company’s and each Delivery Network
1189	1189	1158Company’s intrastate operating revenues as determined and certified annually by the division in
1190	1190	1159order to reimburse the commonwealth for funds expended for the division’s activities. If a 55 of 55
1191	1191	1160transportation network company or Delivery Network Company fails to report its intrastate
1192	1192	1161operating revenues to the division by March 31, the division may estimate a transportation
1193	1193	1162network company’s or Delivery Network Company’s intrastate operating revenues to assess the
1194	1194	1163surcharge.
1195	1195	1164 Each transportation network company and each Delivery Network Company shall pay the
1196	1196	1165surcharge not later than 30 days from the date of the notice of the surcharge amount from the
1197	1197	1166division. Failure to pay the surcharge within 30 days may, at the discretion of the division,
1198	1198	1167constitute cause to suspend or revoke a transportation network company permit pursuant to
1199	1199	1168chapter 159A ½ or a Delivery Network Company’s permit pursuant to chapter 159A¾.
1200	1200	1169 Funds that are not expended in a fiscal year for the operation of the division shall be
1201	1201	1170credited against the surcharge to be made the following fiscal year and the surcharge amount in
1202	1202	1171the following fiscal year shall be reduced by the unexpended amount.
1203	1203	1172 SECTION 18. SECTION 17 shall be effective on January 1, 2026.