Massachusetts S 2239: An Act prohibiting the use of ratepayer funds for utility lobbying, promotions or perks

Bill Text

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SENATE DOCKET, NO. 742        FILED ON: 1/14/2025 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2239 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Cynthia Stone Creem 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act prohibiting the use of ratepayer funds for utility lobbying, promotions or perks. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Cynthia Stone Creem Norfolk and Middlesex  
Steven Owens 29th Middlesex 1/24/2025 
Adam Gómez Hampden 2/19/2025 
Paul W. Mark Berkshire, Hampden, Franklin and 
Hampshire 
2/27/2025 
Patricia D. Jehlen Second Middlesex 2/27/2025 
James B. Eldridge Middlesex and Worcester 2/28/2025 
Joanne M. Comerford Hampshire, Franklin and Worcester 2/28/2025 
Jason M. Lewis Fifth Middlesex 2/28/2025 
Michael O. Moore Second Worcester 3/3/2025 
Dylan A. Fernandes Plymouth and Barnstable 3/27/2025 
Lydia Edwards Third Suffolk 3/31/2025 
Rebecca L. Rausch Norfolk, Worcester and Middlesex 4/6/2025 
Mike Connolly 26th Middlesex 4/6/2025 
Liz Miranda Second Suffolk 4/8/2025 
Patrick M. O'Connor First Plymouth and Norfolk 4/24/2025 
Paul R. Feeney Bristol and Norfolk 5/7/2025 
Sal N. DiDomenico Middlesex and Suffolk 6/16/2025 

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Robyn K. Kennedy First Worcester 6/24/2025 
Pavel M. Payano First Essex 10/16/2025 

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SENATE DOCKET, NO. 742        FILED ON: 1/14/2025 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2239 
By Ms. Creem, a petition (accompanied by bill, Senate, No. 2239) of Cynthia Stone Creem, 
Steven Owens, Adam Gomez, Paul W. Mark and other members of the General Court for 
legislation to prohibit the use of ratepayer funds for utility lobbying, promotions or perks.  
Telecommunications, Utilities and Energy. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Fourth General Court 
(2025-2026) 
_______________
 
 
An Act prohibiting the use of ratepayer funds for utility lobbying, promotions or perks. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 Chapter 164 of the general laws is hereby amended by striking out section 33A and 
2inserting in place thereof the following section:- 
3 Section 33A. (a) No gas or electric company regulated by the department under this 
4chapter may recover from any ratepayer of such company any direct or indirect expenditure by 
5such company for promotional or political advertising as defined in this section. 
6 For the purposes of this section, the following words and phrases shall have the following 
7meanings:— 
8 ''Advertising'', the commercial use by a utility of any media, including newspaper, printed 
9matter, radio, and television, in order to transmit a message to a substantial number of members 
10of the public or to such utility's consumers, including any costs associated with research, 
11analysis, preparation, planning, or any other related costs identified by the department as related 

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12to public communication whose purpose is to promote the sale or consumption of natural gas, 
13electricity, or other thermal energy, unless such advertising is specifically approved or ordered 
14by the department. 
15 ''Political advertising'', any advertising for the purpose of influencing public opinion with 
16respect to legislative, administrative, or electoral matters, or with respect to any controversial 
17issue of public importance. 
18 ''Promotional advertising'', any advertising for the purpose of encouraging any person to 
19select or use the service or additional service of a utility regulated by the department, or the 
20selection or installation of any appliance or equipment designed to use such utility's service. 
21 For the purposes of this section, the terms ''political advertising'' and ''promotional 
22advertising'' shall not include advertising which informs consumers of any utility on how they 
23can conserve energy, reduce peak demand for energy, or other services, or otherwise use the 
24services of any utility in a cost-efficient manner; is required by federal or state laws or 
25regulations; informs consumers regarding service interruptions, safety measures, or emergency 
26conditions; concerns employment opportunities with a utility; or relates to any explanation or 
27justification of existing or proposed rate schedules, or notification of hearings thereon which 
28informs consumers of and stimulates the use of products or services which are subject to direct 
29competition from products or services of entities not regulated by the department or any other 
30government agency. A communication shall be considered advertising, promotional advertising, 
31or political advertising if any portion of the communic