Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 55 (2026)

Municipal light board

✓ current as of July 2026

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Section 55. A town which has established or votes to establish a gas or electric plant may elect a municipal light board consisting of either three or five citizens of the town, each for a term of three years. Of the three-member board, initially one shall be chosen for one year, one for two years, and one for three years, and at each annual meeting thereafter one for a term of three years. Of the five-member board, initially one shall be chosen for one year, two for two years and two for three years and thereafter, the terms shall be for three years. The municipal light board shall have authority to construct, purchase or lease a gas or electric plant in accordance with the vote of the town and to maintain and operate the same.

Notes of Decisions

Cited in 10 cases, 1961–2011 · 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). “The citizens of the town voted to create the department, G. L. c. 164, § 55, and the department’s board of commissioners (board) is comprised of members elected by those same citizens.”

Commonwealth v. Oliver, 172 N.E.2d 241 (Mass. 1961). · cites it 4× “” ' Such boards have always had authority inter alla to “maintain and operate” the plant and the manager has been subordinate to them.”

Bertone v. Dep't of Pub. Utils., 583 N.E.2d 829 (Mass. 1992). · cites it 2× “164, § 57, or by a bond issue authorized by the town meeting under G. L. c. 164, §§ 40, 41. As an initial matter, we think that the department appropriately characterized the hook-up charge as a matter of rate design rather than financing authority.”

Town of Middleborough v. Middleborough Gas & Elec. Dep't, 664 N.E.2d 25 (Mass. 1996). “In 1982, the town amended its charter as authorized by G. L. c. 164, § 55, to establish a municipal light board (light board).”

Bd. of Pub. Works v. Bd. of Selectmen, 387 N.E.2d 146 (Mass. 1979). “…superintendent of streets (§ 68), water commissioners (§ 69B), sewer commissioners (§ 65), municipal light board (G. L. c. 164, § 55), park commissioners (G. L. c. 45, § 5), and tree warden (G. L. c. 87, § 2). On the board of public works are conferred "all the powers and…”

Golubek v. Westfield Gas & Elec. Light Bd., 591 N.E.2d 682 (Mass. App. Ct. 1992). · cites it 3× “164, § 56, and the West-field Gas and Electric Light Department Management Guild (the guild), brought an action for declaratory judgment against the city of Westfield Gas and Electric Light Board (the board), see G. L. c. 164, § 55. 2 At the center of the controversies is a…”

Bristol Wholesale Grocery Co. v. Mun. Lighting Plant Comm'n of Taunton, 200 N.E.2d 260 (Mass. 1964). “See GL L. c. 164, §§ 55 and 56, and Sp. St. 1919, c.”

Mun. Light Comm'n v. State Employees' Grp. Ins. Comm'n, 183 N.E.2d 286 (Mass. 1962). “which are now conferred or imposed by law upon the mayor” and “in addition all the powers and duties now conferred or imposed by law upon municipal light boards in towns.”

Weston v. Town of Middleborough, 14 Mass. L. Rptr. 323 (Mass. Super. Ct. 2002). “In fact, MG&ED states that pursuant to G.L.c. 164, §§55 and 56, it has no control over members of the Board who are elected in town-wide elections and that it is the Board that oversees the operation of the MG&ED.”

Masspower v. Massachusetts Mun. Wholesale Elec. Co., 28 Mass. L. Rptr. 51 (Mass. Super. Ct. 2011). “G.L.c. 164, §§55, 56. The PPA was signed before the plant was built, and MMWEC understood that one of its purposes was to help secure project financing.”

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