Mass. Gen. Laws » Part I Title XXII Chapter 164
Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 41 (2026)

Enlargement of plant

✓ current as of July 2026
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Section 41. A city or town owning such a plant shall not, except by a vote taken in the manner prescribed in section eight of chapter forty-four, reconstruct, enlarge or extend such plant. This section shall not apply to expenditures for ordinary maintenance, repair or replacement, or for new equipment necessary to generate or distribute gas or electricity to new consumers.

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Bertone v. Dep't of Pub. Utils., 583 N.E.2d 829 (Mass. 1992).
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Bertone v. Dep't of Pub. Utils., 583 N.E.2d 829 (Mass. 1992). “The resolution of this issue turned on the construction to be given to G. L. c. 164, § 41. 8 The department construed the language in the first sentence of § 41 pertaining to the reconstruction, enlargement, or extension of a municipal lighting plant, as designed to address…”
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