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Massachusetts Call to Action

We in Massachusetts need to immediately contact each of our State Senators, as well as Sen. Barrett. The MA Senate will be voting very soon on a massive energy bill. Our pro-nuke governor has slipped in an obscure passage, Section 55, to repeal a law we passed in a 1982 referendum that says voters must approve the construction and operation of new nuclear power plants.

SECTION 55 MUST BE DELETED FROM THE ENERGY BILL!

Attorney Virginia Lee, (you may remember her from the Clam Legal team during the Occupation) prepared this beautifully articulated call to action. Please use it to communicate the urgency of this issue to your own MA Senator at the same time you sign the petition to Sen. Barrett.

Help Us Urge Senator Michael Barrett to Safeguard Massachusetts from Unchecked Nuclear Energy Expansion
and to Protect Democratic Norms

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Dear friends, neighbors, and colleagues, 

I am reaching out to address a democracy misstep committed by representatives of the Massachusetts House of Representatives, and to ensure that it doesn’t happen again in the Massachusetts Senate. 

An Affront to Democratic Norms and to our Safety

On February 26, 2026, wittingly or unwittingly, and under pressure from Governor Healey, House representatives voted for and passed a bill that would repeal a 1982 citizen-initiated ballot measure known as Chapter 503 of the Acts of 1982 (the “Nuclear Power and Waste Disposal Approval and Legislative Certification Act”).  For 44 years, Chapter 503 has given Bay Staters the right to vote directly on new nuclear power plant construction, and it has required 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.  

Chapter 503 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, as follows:

Requirements of Chapter 503–A Citizen’s Initiative

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.

The Will of the Voters

Chapter 503 was approved in 1982 by 67.5% of voters in a highly visible statewide election. Our Massachusetts constitutional democracy grants us the right to create laws by citizen “Initiative Petition.” 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, in what has been called an “affront to democracy,” and what I see as yet another version of “No Kings,” voted to revoke the citizen initiative by passing H.5175, “An Act relative to energy affordability, clean power and economic competitiveness,” (formerly H.5151 and H. 4144 [the Healey bill]). 

Tucked deep within the 113-page bill (see H.5175, p. 97, line 2096) and without commentary or explanation is Section 55. (See also Healey bill, H. 4144, Section 45). 

“SECTION 55. Chapter 503 of the Acts of 1982 is hereby repealed.” 

In voting to repeal Chapter 503, legislators from the Massachusetts House of Representatives failed to protect two of the Commonwealth’s most valuable assets – i.e.,“healthy democracy, and an empowered citizenry.” Constituents launched an effort to call the House Ways & Means Committee to remove Section 55 from H.5151 to the point that the office had to create a spreadsheet to keep track of all the calls (100% of which were in favor of removing Section 55). Despite this, many legislators did not even know that the legislation included the repeal of the 1982 citizen initiative.

On February 26, 2026, at 10:00 p.m., H. 5151 (now H.5175) was enacted by a vote of 128 to 27 (with 3 not voting). There was no debate on Section 55. Representatives Scarsdale and Sabadosa attempted to strike Section 55 by filing Amendment 31, entitled “Preserving Environmental Safety,” but their amendment was not taken up, and House representatives voted to repeal a Constitutionally-protected citizen initiative, without any discussion. Ironically, by voting for Section 55, legislators in the House voted to forfeit their own legislative 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, both at home and abroad?

As passed, Section 55 of H. 5175 will repeal Chapter 503, if also included in the Senate version. 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, and integral to the health, safety, and welfare of Bay Staters and our neighbors), should require rigorous debate and complete transparency. 

Help from Senator Barrett (Email: Mike.Barrett@masenate.gov, Phone: (617) 722-1572)

So now, it’s the Senate’s turn. State Senator Michael Barrett is Chair of the Joint Committee on Telecommunications, Utilities and Energy in the Massachusetts Senate, and is a leading advocate in the Senate in the fight against climate change. Senator Barrett is heavily involved with writing the Senate version of the energy bill, and he will be on the conference committee to reconcile the House and Senate versions. 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. If legislators want to address the 1982 citizen initiative, they can do so, but only with the full participation of voters and stakeholders.

If you love democracy and are looking for safe energy, the time to act is NOW. Listed below are some quick and meaningful ways to make your voice heard:

Sign this digital petition!     Please enter your town and ZIP code!      No need to pay the $11 to Change.org!

Thank you for reading this and for your anticipated communication with Senator Barrett’s office. Don’t forget to ask him where he stands!

Virginia Lee
virginialeelaw.com
Law Office of Virginia Lee
virginia@virginialeelaw.com

P.S. The one billion dollar cut from Mass Save is another outrageous part of H.5175. Senator Barrett has already signaled his opposition to significant Mass Save cuts.
P.P.S. We have worked hard to provide accurate information. Please let me know if I got something wrong!