Victory Goal

We, the undersigned, call on Senator Michael Barrett to exclude any language repealing Chapter 503 of the Acts of 1982 from pending energy legislation and preserve the public’s right to vote on new nuclear power plant construction in Massachusetts.  The Senate is about to issue its bill, sign now!

Description of Issue

Chapter 503 of the Acts of 1982 (the “Nuclear Power and Waste Disposal Approval and Legislative Certification Act”), approved in 1982 by 67.5% of voters, protects Bay Staters from the hazards of nuclear power by dividing and sharing responsibility for the construction and operation of new nuclear power plants between the legislature and the voters.  It requires Bay Staters to vote directly and requires the legislature to certify by resolution that health, safety, disposal, and energy optimization requirements have been met before any new nuclear power plant can be constructed.

On February 26, 2026, Representatives of the Massachusetts House passed H. 5175 (“An Act relative to energy affordability, clean power and economic competitiveness”).  Tucked deep within the 113-page bill) and without commentary or explanation is Section 55, which states:

“Chapter 503 of the Acts of 1982 is hereby repealed.”

This is concerning for the following reasons:

An Affront to Democratic Norms and our Safety

Chapter 503 protects us from the hazards of nuclear power by sharing responsibility for the construction of new nuclear power plants between the legislature and the voters, as follows:

Precondition of Voter Approval required by Chapter 503 for construction and operation of any new nuclear power plant in the Commonwealth

• A majority of voters must approve the construction and operation of the proposed nuclear power plant by voting thereon in a state-wide general election.

Precondition of Legislative Certifications required by Chapter 503 for Construction and Operation of any new nuclear power plant

1. Has an operating, federally licensed facility for permanent disposal of high-level radioactive wastes generated by the proposed plant;
2. Has an adequate emergency preparedness and evacuation plan developed, approved, and implemented for the specific plant;
3. Has effective emission standards to protect the public against the health and safety hazards of radioactive air pollutants;
4. Has a demonstrated federally-approved means for decommissioning and disposal of the proposed nuclear waste of the proposed nuclear plant offers the optimal means of meeting energy needs. 

By voting for Section 55, legislators in the House have attempted to strip voters of their right to approve new nuclear plants. Ironically, they have also voted to forfeit their own certification oversight rights and responsibilities, leaving Trump and Trump's Nuclear Regulatory Commission as the apparent overseers of new nuclear power plant construction in Massachusetts. Do we really want Trump to be in charge of nuclear power safety in Massachusetts given his record on nuclear power?

Undermining The Will of the Voters

Given the storied history of the Massachusetts Constitution, the world’s oldest functioning written Constitution, drafted primarily by John Adams, and used as a model for the United States Constitution and constitutions around the world, repealing a constitutional initiative petition is not something that should be taken lightly.  Indeed, the House voted to revoke the citizen initiative by passing H.5175 (“An Act Relative to Energy Affordability, Clean Power and Economic Competitiveness”) without debate and with many legislators not understanding that H.5175 repealed Chapter 503.  In voting to repeal, the legislature failed to protect two of the Commonwealth’s most valuable assets – i.e., “healthy democracy, and an empowered citizenry.”  All this happened despite an intensive effort by concerned constituents, to the point that the House Ways & Means Committee had to create a spreadsheet to keep track of all the calls (100% of which were in favor of removing Section 55).

Clearly, any attempt to undo a state-wide citizen initiative (especially one so overwhelmingly supported by voters at the time of its adoption into law), which is integral to the health, safety, and welfare of Bay Staters and our neighbors, should involve rigorous debate and complete transparency.  These values were not reflected by the House in its vote to overturn Chapter 503.

Our Request

It is for the above reasons that we constituents petition you to act as our voice in the Senate by refusing to allow an important citizen’s initiative to fall without any meaningful debate, public engagement, or transparency.  The Senate bill is expected to be completed very soon.  In its bill, the Senate should leave the 1982 citizen initiative in place, should not repeal Chapter 503, and should act responsibly and respectfully to Massachusetts voters.  

Senator Barrett, please let us know what your thinking is on this important issue.

Compelling Sources For Further Research: 

If you would like to learn more about this important issue, click here.

Senator Michael J. Barrett at the "No Kings" rally in Concord, Massachusetts on October 18, 2025.