Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3458 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 161 FILED ON: 1/6/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3458
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tackey Chan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to double poles.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/6/2025 1 of 3
16	16	HOUSE DOCKET, NO. 161 FILED ON: 1/6/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3458
18	18	By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 3458) of Tackey
19	19	Chan relative to the use of double utility poles of distribution or telephone companies.
20	20	Telecommunications, Utilities and Energy.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3152 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to double poles.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 164 of the General Laws, as appearing in the 2022 Official Edition,
32	32	2is hereby amended by striking out section 34B, and inserting in place thereof the following new
33	33	3section:-
34	34	4 Section 34B. (a) A distribution company or telephone company engaging in the removal
35	35	5of an existing pole and the installation of a new pole in place thereof that does not complete the
36	36	6transfer of wires, all repairs, and the removal of the existing pole from the site within 180 days
37	37	7from the date of the installation of the new pole shall pay a fine to the municipality where the
38	38	8pole is located of $10 per day for the first 30 days following the expiration of the said 180 days;
39	39	9$20 per day for the following 30 days thereafter; $30 per day for the following 305 days
40	40	10thereafter; and $100 per day for the following days thereafter until the existing pole is removed; 2 of 3
41	41	11provided, however, that for any approved commercial or industrial construction project, the
42	42	12completion of which is expected to take longer than 1 year, said company shall be required to
43	43	13remove such pole within 12 months from the date of installation of the new pole.
44	44	14 (b) The owner of such pole shall notify all other users of the starting date of such removal
45	45	15and installation work at least 72 hours prior to the commencement of such work. Said owner
46	46	16may impose a fine upon the user who has not removed their wiring and other attachments when
47	47	17said failure to remove is responsible for the immediate delay in the removal of the existing pole.
48	48	18No fine shall be imposed when the failure of a city or town to remove its police or fire alarm
49	49	19circuits or any similar municipal equipment is the cause of the immediate delay and no other
50	50	20work could be performed.
51	51	21 (c) A pole owner or user may petition the department or the department of
52	52	22telecommunications and cable for relief or exemption from any fines. Any fine imposed under
53	53	23this section shall not be recoverable through rates without approval by the department or the
54	54	24department of telecommunications and cable.
55	55	25 SECTION 2. Section 22D of chapter 166 of the General Laws, as so appearing, is hereby
56	56	26amended by inserting after the word “fine” in line 19 the following:- imposed by the
57	57	27municipality having jurisdiction in the area where work is to be performed.
58	58	28 SECTION 3. Section 22K of said chapter 166 is hereby amended by adding at the end
59	59	29thereof the following:- only with notification to the selectmen, councilors, aldermen or
60	60	30overseeing committee having jurisdiction within the city or town where the delay to work is
61	61	31being performed. 3 of 3
62	62	32 SECTION 4. Not later than January 1, 2027, the department of public utilities, in
63	63	33consultation with the department of telecommunications and cable, shall adopt regulations for
64	64	34the implementation of section 34B of chapter 164 of the General Laws.