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S 838

Relates to implementing a dangerous dog owner alert system

2025 Regular Session Introduced by Jim Tedisco

MA requires wireless antenna providers to hold liability insurance or escrowed bonds, with municipalities named as insured, to cover RF safety and electrical/mechanical risks.

REFERRED TO LOCAL GOVERNMENT
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Bill Summary · S 838

Summary — S. 838: "An Act requiring wireless infrastructure insurance to support electrical, mechanical, and non‑ionizing radiation safety" (ACRE Act of 2025)

Purpose / Intent
The bill seeks to establish a minimum, statewide insurance (or escrowed bond) requirement for providers of wireless transmitting antennas and related infrastructure in Massachusetts. Its stated goal is to create financial incentives for insurers to enforce safety practices addressing electrical/mechanical hazards and health concerns related to non‑ionizing radiofrequency (RF) emissions.

Key provisions

  • Adds a new section (proposed section 5O1) to Chapter 111 of the Massachusetts General Laws.
  • Definitions: defines terms including “microcells” (large small‑cell installations), “mobile service,” “radio communication,” “structure” (pole/tower/base station), and “telecommunications service.”
  • Mandatory insurance/bond:
    • Requires all providers of transmitting antennas for telecommunications or broadcast/mobile/radio services within the Commonwealth to carry commercial insurance or, if unavailable, place an equivalent bond in escrow with an approved independent escrow agent.
    • If the antenna is municipally permitted, the municipality (and its officials/agents) must be named as additional insureds.
  • Minimum coverage limits (per occurrence / aggregate where noted):
    • For a structure: commercial general liability and property damage insurance — at least $5,000,000 aggregate.
    • For a single microcell antenna: at least $1,000,000.
    • For a single antenna covered by the FCC Over‑the‑Air Reception Device (OTARD) rules: at least $500,000.
    • Automobile liability (when relevant): at least $1,000,000 per accident.
    • Workers’ compensation/employer’s liability (when relevant): at least $2,000,000 per accident.
  • Policy requirements: coverage must be on an “occurrence” basis and not exclude contractual liability, cross‑liability, products/completed operations, pollution (explicitly including “electromagnetic pollution”), explosion/fire/collapse, or other exclusions contrary to the section’s intent.
  • Exemptions: personal digital devices and home/business appliances with transmitting antennas are exempt.

Who would be affected

  • Wireless infrastructure owners/operators (carriers, tower companies, small‑cell installers) — increased insurance/bonding costs and administrative requirements.
  • Municipalities — gain explicit insured status when they permit antennas; potentially greater leverage in local safety enforcement.
  • Insurers — new market demand for policies covering RF/pollution‑related and other liability exposures; possible underwriting and pricing impacts.
  • Vendors/contractors working on radio sites — may be affected indirectly via contract and insurance requirements.

Potential impacts and considerations

  • Deployment: additional costs and insurance conditions could slow or alter siting/deployment of small cells and antennas, especially microcells on utility poles and street furniture.
  • Regulatory interplay: the bill references FCC rules (e.g., OTARD) and raises potential federal/state interaction issues; implementation may encounter federal preemption questions concerning carrier siting and RF regulation.
  • Litigation and public safety: the bill invokes public health and fire‑risk findings; it may increase local ability to require financial assurance for remediation of damages or harms alleged from equipment failures or RF exposure.

Procedural status (as of provided record)

  • Filed in Massachusetts Senate (Senate Docket No. 2286) on 1/17/2025; presented by Sen. John C. Velis (by request) on petition of Kirstin Beatty.
  • Listed actions:
    • Referred to Local Government (01/08/2025)
    • Read twice and referred to Committee on Finance (03/04/2025)
    • Referred to the committee on Financial Services (02/27/2025) — record shows multiple referrals
    • Hearing scheduled for 11/04/2025, 10:30 AM–1:30 PM in room A‑2 (Note: the legislative action log contains overlapping/referral entries; check the official Massachusetts Legislature docket for current status.)

Sponsors / Filing

  • Presented by: Senator John C. Velis (by request)
  • Petitioner: Kirstin Beatty (Holyoke, MA)
  • The bill text and filing are specific to the Massachusetts General Court. (Additional sponsor lists in some metadata appear inconsistent with state‑level filing and may refer to other jurisdictions; consult the official docket for sponsor verification.)

For the official bill text, legislative findings, and up‑to‑date status, see the Massachusetts Legislature docket for Senate Docket No. 2286 / Senate Bill No. 838.

Compiled from official sources — confirm details with the bill’s official record.

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