Establishing the municipal utility corridor public access program
If enacted, HB 3158 would strengthen the ability of municipalities to partner with utility companies to create accessible routes for the public. This could lead to enhanced recreational opportunities, such as trails and transportation pathways, benefiting community mobility and overall public health. Moreover, it would encourage the use of existing utility rights-of-way for non-utility purposes, promoting a multi-use approach to land that can enhance connectivity within and between municipalities.
House Bill 3158, presented by Representative Michelle L. Ciccolo, aims to establish a municipal utility corridor public access program in Massachusetts. The primary function of this program would be to facilitate agreements between municipalities and various utility companies, including electric and transportation companies, allowing for public access to lands and rights-of-way designated as transportation or utility corridors. The bill proposes that this access should be provided without imposing any charges or fees on the public, thereby promoting recreational use and transportation options across these utility corridors.
While the bill presents positive prospects for public access, it could also raise questions regarding liability and maintenance responsibilities. Notably, the bill includes a provision stating that utility companies shall not be liable for personal injuries or property damage that might occur to the public while accessing these corridors. This aspect of the bill may be contentious as it places the burden of safety and maintenance on municipalities and could lead to debates about the adequacy of resources dedicated to maintaining such pathways, potentially leaving communities vulnerable to safety concerns.