Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 34 (2026)

Town's authority to operate gas or electric plant or community antenna television system

✓ current as of July 2026

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Section 34. A town may, in accordance with this chapter, construct, purchase or lease, and maintain within its limits, one or more plants for the manufacture or distribution of gas or electricity or for the operation of a community antenna television system for municipal use or for the use of its inhabitants. Such plants may include suitable land, structures and machinery and other apparatus and appliances for operating a community antenna television system or for manufacturing, using and distributing gas or electricity for said purposes. A town, engaged in the business of operating a community antenna television system, or of distributing gas or electricity, may, as a part of such business if an appropriation is made therefor, rent, lease, or sell for cash or credit at prevailing retail prices, install and service, within the territory served by such business, merchandise, equipment, utensils and chattels of any description, incidental or auxiliary to the operation of a community antenna television system, or to the use of gas or electricity distributed to its consumers or necessary or expedient in the protection or management of its property used in such business. Wherever apt, the provisions of this chapter and chapter forty-four which apply to the operation and maintenance of a municipal light plant shall apply also to the operation and maintenance of a community antenna television system.

Notes of Decisions

Cited in 12 cases, 1960–2013 · leading case: DeRoche v. Massachusetts Comm'n Against Discrimination, 848 N.E.2d 1197 (Mass. 2006).

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DeRoche v. Massachusetts Comm'n Against Discrimination, 848 N.E.2d 1197 (Mass. 2006). · cites it 2× “The department is a municipal electric department established by the voters of the town of Wakefield (town), pursuant to G. L. c. 164, § 34, to operate the light plant owned by the town.”

In re NE Opco, Inc., 501 B.R. 233 (Bankr. D. Del. 2013). “SeeMass. Gen. Laws Ann. ch. 164, § 34 (West).”

Town of Middleborough v. Middleborough Gas & Elec. Dep't, 664 N.E.2d 25 (Mass. 1996). “370, now appearing at G. L. c. 164, § 34, the town purchased a private gas company, the Middleborough Gas and Electric Company (renamed MG&ED), by town vote and by using town-issued bonds.”

Franklin W. Olin Coll. of Eng'g v. Dep't of Telecomm. & Energy, 439 Mass. 857 (Mass. 2003). “See G. L. c. 164, § 34; St. 1891, c. 370. Babson College (Babson) is an educational institution whose campus straddles the boundary between Wellesley and Needham, but is located primarily in Wellesley.”

Zoning Bd. of Appeals v. Hous. Appeals Comm., 451 Mass. 35 (Mass. 2008). “Groton Electric Light Department (GELD) is a municipal light department established by vote of the town pursuant to G. L. c. 164, § 34. GELD receives one hundred per cent of the town’s electric supply through the substation.”

Lichoulas v. City of Lowell, 937 N.E.2d 65 (Mass. App. Ct. 2010). “electricity” within the meaning of G. L. c. 164, § 34, and because the city does not intend to maintain or operate the project for the manufacture or distribution of electricity.”

Bd. of Gas & Elec. Commissioners v. Dep't of Pub. Utils., 294 N.E.2d 866 (Mass. 1973). “See G. L. c. 164, §§34 and 55, and predecessor statutes.”

Mun. Light Comm'n v. State Employees' Grp. Ins. Comm'n, 183 N.E.2d 286 (Mass. 1962). “G. L. c. 164, §§ 34, 40. See also § 64. The General Court has twice since Sp.”

Bd. of Gas & Elec. Commissioners of Middleborough v. Bd. of Assessors of Lakeville, 245 N.E.2d 249 (Mass. 1969). “The board of gas and electric commissioners of the town of Middleborough is established pursuant to G. L. c. 164, § 34 (now as amended through St.”

Merrimack Materials, Inc. v. Town of Groveland, 57 Mass. App. Dec. 94 (Mass. Dist. Ct., App. Div. 1976). · cites it 3× “*96 The defendant filed a motion to dismiss contesting the jurisdiction of the court on the basis that the defendant is subject to G.L. c. 164, §§34 through 69, and is regulated by the Department of Public Utilities of the Commonwealth.”

Town of Norwood v. New England Power Co., 23 F. Supp. 2d 109 (1998). “G.L. c. 164, §§ 34 et seq. (1997), Norwood owns and operates an electric distribution system which supplies power to its retail customers, almost all of which are businesses and households located in the town.”

Long v. Brockton Taunton Gas Co., 167 N.E.2d 615 (Mass. 1960). “See also G. L. c. 164, § 34, as amended by St. 1937, c.”

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