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HOUSE DOCKET, NO. 2080 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3156
The Commonwealth of Massachusetts
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PRESENTED BY:
Michelle L. Ciccolo
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to municipal authority in public rights of way.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/17/2023Michelle M. DuBois10th Plymouth1/20/2023 1 of 2
HOUSE DOCKET, NO. 2080 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3156
By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 3156) of
Michelle L. Ciccolo and Michelle M. DuBois relative to authorizing municipalities to relocate
certain utility poles, wires or attachments. Telecommunications, Utilities and Energy.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to municipal authority in public rights of way.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 1. Section 34B of chapter 164 of the General Laws, as appearing in the 2016
2Official Edition, is hereby amended by adding at the end thereof the following:-
3 In the event that a utility company does not move a utility pole, wire or
4attachment within the required 90 days or the agreed upon timeframe, municipalities may move,
5relocate or remove utility poles, wires or attachments, or arrange for another party to move,
6relocate or remove utility poles, wires and attachments. Municipalities may charge the utility
7company a reasonable fee for non-performance.
8 Municipalities may adopt bylaws and ordinances relating to (a) the imposition of
9fees or fines on utility companies that operate in the public right of way, (b) the assessment of
10taxes on utility companies that operate in the public right of way, (c) the licensing and permitting
11of utility companies that operate in the public right of way. 2 of 2
12 SECTION 2. Notwithstanding any special or general law to the contrary, municipalities
13and public utilities shall have the right to purchase utility poles from investor-owned utilities at a
14price that takes into account the depreciation in value of the utility poles.