§ 28 — Approval by department of location; public hearing; place of hearing; determination; fees

Massachusetts § 28

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XXII: CORPORATIONS
• Ch. 166: TELEPHONE AND TELEGRAPH COMPANIES, AND LINES FOR THE TRANSMISSION OF ELECTRICITY

Text

[ Text of section effective until March 1, 2026. For text effective March 1, 2026, see below.]Section 28. Any company subject to this chapter, except a telegraph or telephone company, desiring to construct a line for the transmission of electricity which will of necessity pass through one or more cities or towns to connect the proposed termini of such line, whose petition for the location necessary for such line has been refused, or has not been granted within three months after the filing thereof by the board of aldermen of a city or the selectmen of a town through which said company intends to construct such line for the purpose aforesaid, may apply to said department for such location. The department shall give a public hearing thereon after notice to the board of aldermen or selectmen refusing or neglecting to grant such location, and to all persons owning real estate abutting upon any way in the city or town where such location is sought, as such ownership is determined by the last assessment for taxation. The department shall, if requested by the board of aldermen or selectmen, hold said hearing in the city or town where the location is sought. If it appears at the hearing that the company has already been granted and has accepted a location for such line in two cities, or in two towns, or in a city and town adjoining the city or town because of the refusal or neglect of whose board of aldermen or selectmen to grant a location therefor the application is made, or if it appears at the hearing that the company has already been granted and has accepted locations for such line in a majority of the cities, or towns, or cities and towns through which such line will pass, and if the department deems the location necessary for public convenience, and in the public interest, it may by order grant a location for such line in the city or town with respect to which the application is made, and shall have and exercise relative thereto the same powers and authority conferred by section twenty-two upon the board of aldermen or selectmen and in addition to the provisions of law governing such company may impose such other terms, limitations and restrictions as it deems public interest may require. The department shall cause an attested copy of its order, with the certificate of its clerk, endorsed thereon, that the order was adopted after due notice and a public hearing as hereinbefore prescribed, to be forwarded to the city or town clerk, who shall record the same and furnish attested copies thereof. The company in whose favor the order is made shall pay for such record and attested copies the fees provided by clauses thirty-one and thirty-two, respectively, of section thirty-four of chapter two hundred and sixty-two.Chapter 166: Section 28. Approval by energy facilities siting board of location; public hearing; place of hearing; determination; fees[ Text of section as amended by 2024, 239, Sec. 83 effective March 1, 2026. See 2024, 239, Sec. 139. For text effective until March 1, 2026, see above.]Section 28. A company subject to this chapter, except a telegraph or telephone company, desiring to construct a line for the transmission of electricity that will, of necessity, pass through at least 1 city or town to connect the proposed termini of such line, whose petition for the location necessary for such line has been refused or has not been granted within 3 months after the filing thereof by the city council or the select board of the town through which the company intends to construct such line, may apply to the energy facilities siting board for such location. The energy facilities siting board shall hold a public hearing thereon after notice to the city council or select board refusing or neglecting to grant such location and to all persons owning real estate abutting upon any way in the city or town where such location is sought, as such ownership is determined by the last assessment for taxation. The energy facilities siting board shall, if requested by the city council or select board, hold the hearing in the city or town where the location is sought. If it appears at the hearing that the company has already been granted, and has accepted, a location for such line in 2 cities or in 2 towns or in a city and town adjoining the city or town refusing or neglecting to grant a location or if it appears at the hearing that the company has already been granted, and has accepted, locations for such line in a majority of the cities or towns through which such line will pass and if the energy facilities siting board deems the location necessary for public convenience and in the public interest, the board may by order grant a location for such line in the city or town with respect to which the application is made and shall have and exercise the powers and authority conferred by section 22 upon the city council or select board and in addition to the provisions of law governing such company may impose such other terms, limitations and restrictions as it deems the public interest may require. The energy facilities siting board shall cause an attested copy of its order, with the certificate of its clerk endorsed thereon that the order was adopted after due notice and a public hearing, to be forwarded to the city or town clerk, who shall record the same and furnish attested copies thereof. The company in whose favor the order is made shall pay for such record and attested copies the fees provided by clauses 31 and 32, respectively, of section 34 of chapter 262.