Connecticut 2019 Regular Session

Connecticut Senate Bill SB00846 Compare Versions

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7	7		General Assembly Substitute Bill No. 846
8	8		January Session, 2019
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14	14		AN ACT CONCERNING TH E MUNICIPAL GAIN, THE PREPARATION
15	15		OF UTILITY POLES AND ENTERPRISE FUNDS FOR MUNICIPAL
16	16		BROADBAND SERVICES.
17	17		Be it enacted by the Senate and House of Representatives in General
18	18		Assembly convened:
19	19
20	20		Section 1. Section 16-233 of the general statutes is repealed and the 1
21	21		following is substituted in lieu thereof (Effective from passage): 2
22	22		Each town, city, borough, fire district or the Department of 3
23	23		Transportation shall have the right to occupy and use for any purpose, 4
24	24		including, but not limited to, the provision of broadband Internet 5
25	25		service by any town, city or borough to the public in such town, city or 6
26	26		borough, either directly or through commercial arrangements with 7
27	27		third parties, without payment therefor, one gain upon each public 8
28	28		utility pole or in each underground communications duct system 9
29	29		installed by a public service company within the limits of any such 10
30	30		town, city, borough or district, provided, if a town, city or borough 11
31	31		sells its right to occupy and use to a third party, private, for profit 12
32	32		company, such company shall pay any public utility pole 13
33	33		administration or attachment fees that would apply if such company 14
34	34		were not using the gain pursuant to this section. The location or 15
35	35		relocation of any such gain shall be prescribed by the Public Utilities 16
36	36		Regulatory Authority. Any such gain shall be reserved for use by the 17
37	37		town, city, borough, fire district or the Department of Transportation. 18 Substitute Bill No. 846
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44	44		Sec. 2. (NEW) (Effective from passage) (a) As used in this section: 19
45	45		(1) "Make-ready" means the modification or replacement of a utility 20
46	46		pole, or of the lines or equipment on the utility pole, to accommodate 21
47	47		additional facilities on the pole; 22
48	48		(2) "One-touch make-ready" means make-ready in which the person 23
49	49		attaching new equipment to a utility pole performs all of the make-24
50	50		ready work; and 25
51	51		(3) "Overlashing" means placing new attachments over existing 26
52	52		public utility pole attachments. 27
53	53		(b) On or before December 31, 2019, the Public Utilities Regulatory 28
54	54		Authority shall adopt regulations, in accordance with chapter 54 of the 29
55	55		general statutes, setting forth the process for public utility pole 30
56	56		attachments, including, but not limited to, 5G and fiber wires for high-31
57	57		speed broadband Internet infrastructure. Such regulations shall 32
58	58		include the following: (1) Provisions to require one-touch make-ready 33
59	59		processes for public utility poles that are consistent with any standards 34
60	60		adopted by the Federal Communications Commission and reduce the 35
61	61		number of entities that rearrange wires for make-ready in the 36
62	62		communication gain on a public utility pole to make room for a new 37
63	63		pole attachment to one entity; (2) provisions to require expedited 38
64	64		overlashing procedures for adding new wires to existing public utility 39
65	65		pole attachments that are consistent with any standards adopted by 40
66	66		the Federal Communications Commission and that allow overlashing 41
67	67		without first seeking the approval of the owner of the public utility 42
68	68		pole but require the public utility pole owner to receive reasonable 43
69	69		advance notice of such overlashing; (3) provisions to require the timely 44
70	70		development and implementation of a Connecticut Utility Pole 45
71	71		Database that is approved by the authority and contains information 46
72	72		about the status of and attachments present on each public utility pole 47
73	73		in the state; and (4) provisions to require proposed attachments to 48
74	74		public utility poles to be installed on a nondiscriminatory basis within 49
75	75		ninety days of the filing of an application with a public utility pole 50 Substitute Bill No. 846
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82	82		owner, unless there is a demonstrated safety issue on the pole that 51
83	83		would be materially exacerbated by a new attachment and provisions 52
84	84		for the enforcement of such requirement. 53
85	85		Sec. 3. Subdivision (2) of subsection (c) of section 7-148 of the 54
86	86		general statutes is repealed and the following is substituted in lieu 55
87	87		thereof (Effective October 1, 2019): 56
88	88		(2) (A) Establish and maintain a budget system; 57
89	89		(B) Assess, levy and collect taxes for general or special purposes on 58
90	90		all property, subjects or objects which may be lawfully taxed, and 59
91	91		regulate the mode of assessment and collection of taxes and 60
92	92		assessments not otherwise provided for, including establishment of a 61
93	93		procedure for the withholding of approval of building application 62
94	94		when taxes or water or sewer rates, charges or assessments imposed 63
95	95		by the municipality are delinquent for the property for which an 64
96	96		application was made; 65
97	97		(C) Make appropriations for the support of the municipality and 66
98	98		pay its debts; 67
99	99		(D) Make appropriations for the purpose of meeting a public 68
100	100		emergency threatening the lives, health or property of citizens, 69
101	101		provided such appropriations shall require a favorable vote of at least 70
102	102		two-thirds of the entire membership of the legislative body or, when 71
103	103		the legislative body is the town meeting, at least two-thirds of those 72
104	104		present and voting; 73
105	105		(E) Make appropriations to military organizations, hospitals, health 74
106	106		care facilities, public health nursing organizations, nonprofit museums 75
107	107		and libraries, organizations providing drug abuse and dependency 76
108	108		programs and any other private organization performing a public 77
109	109		function; 78
110	110		(F) Provide for the manner in which contracts involving unusual 79
111	111		expenditures shall be made; 80 Substitute Bill No. 846
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118	118		(G) When not specifically prescribed by general statute or by 81
119	119		charter, prescribe the form of proceedings and mode of assessing 82
120	120		benefits and appraising damages in taking land for public use, or in 83
121	121		making public improvements to be paid for, in whole or in part, by 84
122	122		special assessments, and prescribe the manner in which all benefits 85
123	123		assessed shall be collected; 86
124	124		(H) Provide for the bonding of municipal officials or employees by 87
125	125		requiring the furnishing of such bond, conditioned upon honesty or 88
126	126		faithful performance of duty and determine the amount, form, and 89
127	127		sufficiency of the sureties thereof; 90
128	128		(I) Regulate the method of borrowing money for any purpose for 91
129	129		which taxes may be levied and borrow on the faith and credit of the 92
130	130		municipality for such general or special purposes and to such extent as 93
131	131		is authorized by general statute; 94
132	132		(J) Provide for the temporary borrowing of money; 95
133	133		(K) Create a sinking fund or funds or a trust fund or funds or other 96
134	134		special funds, including funds which do not lapse at the end of the 97
135	135		municipal fiscal year; 98
136	136		(L) Provide for the assignment of municipal tax liens on real 99
137	137		property to the extent authorized by general statute; 100
138	138		(M) Establish and administer a separate nonlapsing enterprise fund 101
139	139		to be known as an "Enterprise Fund for Municipal Broadband 102
140	140		Services". All revenues received by a municipality with respect to the 103
141	141		use, operation and management of municipal broadband services, 104
142	142		including any General Fund appropriation or other moneys received 105
143	143		from federal, state, municipal and private sources for purposes of 106
144	144		providing municipal broadband services, shall be deposited to the 107
145	145		credit of such fund. Earnings on investments of amounts on deposit in 108
146	146		the Enterprise Fund for Municipal Broadband Services shall be 109
147	147		retained in and used for purposes of such fund. A municipality is 110
148	148		authorized to pay, and the resources of such fund shall be available for 111 Substitute Bill No. 846
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155	155		and applied to, the costs and expenses of providing municipal 112
156	156		broadband services; 113
157	157		This act shall take effect as follows and shall amend the following
158	158		sections:
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160	160		Section 1 from passage 16-233
161	161		Sec. 2 from passage New section
162	162		Sec. 3 October 1, 2019 7-148(c)(2)
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164	164		ET Joint Favorable Subst.
165		-	FIN Joint Favorable
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