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Senate Minority Leader Bruce Tarr (R-Gloucester) has secured a major reform to snow removal and ice control contracts as part of the Senate’s $575 million S. 3178-An Act relative to Economic Development in the Commonwealth, which passed the Senate on July 24, 2026.
The provision, based on Tarr’s S.1370, An Act Relative to Snow Removal Service Liability Limitation, addresses a longstanding challenge facing municipalities, businesses, and property owners across the Commonwealth by preventing unfair contract provisions that shift liability for one party’s negligence onto another.
“For too long, communities across Massachusetts have faced growing challenges finding qualified snow and ice removal contractors willing to provide these essential services,” said Tarr. “A significant part of that challenge has been driven by contract provisions that make insurance more expensive and force contractors to accept responsibility for circumstances beyond their control. This reform restores fairness, helps keep contractors in business, and ensures that cities, towns, and residents have access to the reliable winter services they need.”
Franklin DPW Director Robert Cantoreggi, concurred in the importance of the legislation. "Insurance is one of the biggest issues we have. It is particularly hard on Towns and cities throughout the state," he said.
Cantoreggis said the issue started about five years ago and has been especially tough on the the smaller contractor. "Besides reducing their profit, if it does not snow much, they still have to pay
the rate," because the costs are spread over fewer snow events that they can potentially charge for.
The high insurance costs relate to the additional insurance that towns and cities require, he noted. "It is one of the reasons we had to implement a "sign on bonus" to attract contractors to work for us," he said.
The amendment in the bill prohibits indemnification and hold-harmless provisions in snow and ice removal contracts that require one party to assume liability for damages caused by the negligence or actions of the other party. The reform ensures that responsibility remains with the party responsible for the conduct that caused the harm.
Municipal officials and snow removal contractors across the state have raised concerns that existing contract practices have contributed to rising insurance costs and reduced the number of available contractors able to provide winter maintenance services. As fewer operators are able to participate in the market, communities have faced increased difficulty securing snow and ice removal coverage during winter storms.
Tarr originally filed the measure as S.1370 on January 6, 2025, with the support of Senators Michael O. Moore (D-Millbury), Michael D. Brady (D-Brockton), Barry R. Finegold (D-Andover), Joanne M. Comerford (D-Northampton), Rebecca L. Rausch (D-Needham), Dylan A. Fernandes (D-Falmouth), Pavel M. Payano (D-Lawrence) and Representatives Bradley H. Jones, Jr. (R-North Reading), Hannah Kane (R-Shrewsbury), Steven S. Howitt (R-Seekonk).
Tarr’s amendment adopted by the Senate refines the original proposal by clarifying that the prohibition applies specifically to contract provisions requiring a party to indemnify or hold another party harmless for the negligent acts or omissions of that other party, preserving ordinary liability standards while eliminating unfair risk-shifting.
“Winter weather is unpredictable, but our policies should not create unnecessary barriers to keeping our communities safe,” said Tarr. “This amendment is a commonsense step that supports small businesses, strengthens municipal preparedness, and helps ensure that Massachusetts communities are not left without critical snow removal services when they need them most.”
