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| 2 | 2 | | HOUSE DOCKET, NO. 4432 FILED ON: 6/29/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4007 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Paul McMurtry |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act establishing a local option penalty on certain pole installation projects. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk6/29/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 4432 FILED ON: 6/29/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 4007 |
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| 18 | 18 | | By Representative McMurtry of Dedham, a petition (subject to Joint Rule 12) of Paul McMurtry |
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| 19 | 19 | | for legislation to establish a local option penalty on certain utility pole installation projects. |
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| 20 | 20 | | Telecommunications, Utilities and Energy. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act establishing a local option penalty on certain pole installation projects. |
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| 27 | 27 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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| 28 | 28 | | establish forthwith a local option penalty on certain pole installation projects, therefore it is |
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| 29 | 29 | | hereby declared to be an emergency law, necessary for the immediate preservation of the public |
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| 30 | 30 | | convenience. |
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| 31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 32 | 32 | | of the same, as follows: |
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| 33 | 33 | | 1 Chapter 164 of the General Laws is hereby amended by inserting after section 34B the |
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| 34 | 34 | | 2following section:- |
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| 35 | 35 | | 3 Section 34C. (a) In any city or town that accepts this section by vote of its legislative |
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| 36 | 36 | | 4body, and with the approval of the mayor, if applicable, a distribution company or a telephone |
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| 37 | 37 | | 5company engaging in the removal of an existing pole and the installation of a new pole in place |
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| 38 | 38 | | 6thereof that does not complete the transfer of wires and all repairs, and remove the existing pole |
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| 39 | 39 | | 7shall, for each day after 90 days from the date of installation of the new pole, or, for any |
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| 40 | 40 | | 8approved commercial or industrial construction project where completion is expected to take 2 of 2 |
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| 41 | 41 | | 9longer than 1 year, each day after 6 months has elapsed from the date of installation of the new |
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| 42 | 42 | | 10pole, pay a fine of $200 to the municipality in which the pole is located. |
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| 43 | 43 | | 11 (b) The owner of any pole to be removed pursuant to this section shall notify all other |
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| 44 | 44 | | 12pole users of the starting date of such removal and installation work at least 48 hours prior to the |
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| 45 | 45 | | 13commencement of such work and require all users to remove timely from the poles their wiring |
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| 46 | 46 | | 14and other attachments. |
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| 47 | 47 | | 15 (c) Fines incurred pursuant to this section shall be recovered by indictment or on |
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| 48 | 48 | | 16complaint before a district court or by noncriminal disposition in accordance with section 21D of |
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| 49 | 49 | | 17chapter 40 or by any other means available in law or in equity. |
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