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HOUSE DOCKET, NO. 4432 FILED ON: 6/29/2023
HOUSE . . . . . . . . . . . . . . . No. 4007
The Commonwealth of Massachusetts
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PRESENTED BY:
Paul McMurtry
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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 establishing a local option penalty on certain pole installation projects.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk6/29/2023 1 of 2
HOUSE DOCKET, NO. 4432 FILED ON: 6/29/2023
HOUSE . . . . . . . . . . . . . . . No. 4007
By Representative McMurtry of Dedham, a petition (subject to Joint Rule 12) of Paul McMurtry
for legislation to establish a local option penalty on certain utility pole installation projects.
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 establishing a local option penalty on certain pole installation projects.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
establish forthwith a local option penalty on certain pole installation projects, therefore it is
hereby declared to be an emergency law, necessary for the immediate preservation of the public
convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 164 of the General Laws is hereby amended by inserting after section 34B the
2following section:-
3 Section 34C. (a) In any city or town that accepts this section by vote of its legislative
4body, and with the approval of the mayor, if applicable, a distribution company or a telephone
5company engaging in the removal of an existing pole and the installation of a new pole in place
6thereof that does not complete the transfer of wires and all repairs, and remove the existing pole
7shall, for each day after 90 days from the date of installation of the new pole, or, for any
8approved commercial or industrial construction project where completion is expected to take 2 of 2
9longer than 1 year, each day after 6 months has elapsed from the date of installation of the new
10pole, pay a fine of $200 to the municipality in which the pole is located.
11 (b) The owner of any pole to be removed pursuant to this section shall notify all other
12pole users of the starting date of such removal and installation work at least 48 hours prior to the
13commencement of such work and require all users to remove timely from the poles their wiring
14and other attachments.
15 (c) Fines incurred pursuant to this section shall be recovered by indictment or on
16complaint before a district court or by noncriminal disposition in accordance with section 21D of
17chapter 40 or by any other means available in law or in equity.