The Commonwealth of Massachusetts

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PRESENTED BY:

Timothy J. Toomey, Jr.

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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 passage of the accompanying bill:

An Act relative to investigations of fires and explosions by the state fire marshal.

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PETITION OF:

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2391 OF 2007-2008.]

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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An Act relative to investigations of fires and explosions by the state fire marshal.

                Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

            SECTION 1. Chapter 148 of the Massachusetts General Laws, as appearing in the 2006 Official Edition is hereby amended by inserting, after section 3 the following new section:—
Section 3A. Notwithstanding any general or special law to the contrary, whenever the marshal has reason to believe that a fire or explosion of suspicious origin may be directly related to the delivery of electricity or gas by an electric or gas company, as defined in M.G.L c. 164, he shall have exclusive jurisdiction to investigate the cause and origin of said fire or explosion, until such time as he has concluded his investigation. The marshal may require said electric or gas company, as the case may be, to provide payment for laboratory analysis, as he shall deem necessary, to carry out said investigation. The laboratory testing shall remain confidential and not available to any persons, including said gas or electric companies or other regulatory agencies until the marshal has concluded his investigation or sooner if the marshal has determined the sharing of such information is in the public’s interest.