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| 2 | 2 | | HOUSE DOCKET, NO. 2141 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3462 |
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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 | | Michelle L. Ciccolo |
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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 relative to municipal authority in public rights of way. |
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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:Michelle L. Ciccolo15th Middlesex1/15/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2141 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3462 |
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| 18 | 18 | | By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 3462) of |
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| 19 | 19 | | Michelle L. Ciccolo relative to authorizing municipalities to relocate certain utility poles, wires |
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| 20 | 20 | | or attachments. 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-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to municipal authority in public rights of way. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Section 1. Section 34B of chapter 164 of the General Laws, as appearing in the 2022 |
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| 30 | 30 | | 2Official Edition, is hereby amended by adding at the end thereof the following:- |
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| 31 | 31 | | 3 The owner of said pole shall allow municipalities to access data through the National |
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| 32 | 32 | | 4Joint Utilities Notification System (NJUNS) or any additional or successor pole management |
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| 33 | 33 | | 5systems. |
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| 34 | 34 | | 6 When feasible, new poles shall be installed in full compliance with the Americans with |
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| 35 | 35 | | 7Disabilities Act Standards for Accessible Design and Massachusetts Architectural Access Board |
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| 36 | 36 | | 8Rules and Regulations (521 CMR). Any disruption to public infrastructure shall be brought to a |
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| 37 | 37 | | 9state of good repair standard. |
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| 38 | 38 | | 10 In the event that a pole, wire or attachment is not removed within the required 90 days or |
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| 39 | 39 | | 11the agreed upon timeframe, municipalities may move, relocate or remove utility poles, wires or |
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| 40 | 40 | | 12attachments, or arrange for another party to move, relocate or remove utility poles, wires and 2 of 2 |
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| 41 | 41 | | 13attachments. Owners of such poles may be charged for said removal or relocation by a city or |
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| 42 | 42 | | 14town. In the event that overdue removal of existing poles causes delays to associated municipal |
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| 43 | 43 | | 15projects, municipalities may further charge owners of such poles for the total costs incurred due |
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| 44 | 44 | | 16to such a delay and a reasonable administration fee. In the event of circumstances outside of the |
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| 45 | 45 | | 17pole owners’ and attachees’ control, including work stoppages and adverse weather conditions, |
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| 46 | 46 | | 18additional time beyond 90 days may be granted by the municipality. Municipalities may also |
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| 47 | 47 | | 19suspend or delay the issuance of current, pending or future permits or licenses to the pole owners |
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| 48 | 48 | | 20by no more than 30 calendar days after reaching compliance with pole removal deadlines. |
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| 49 | 49 | | 21 Municipalities may adopt bylaws and ordinances relating to (a) the imposition of fees or |
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| 50 | 50 | | 22fines on electric distribution, telephone, and other companies that own poles or pole attachments |
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| 51 | 51 | | 23that operate in the public right of way, (b) the assessment of taxes on utility companies that |
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| 52 | 52 | | 24operate in the public right of way, (c) the licensing and permitting of utility companies that |
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| 53 | 53 | | 25operate in the public right of way. |
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| 54 | 54 | | 26 SECTION 2. Notwithstanding any special or general law to the contrary, municipalities |
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| 55 | 55 | | 27and public utilities shall have the right to purchase utility poles from investor-owned utilities at a |
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| 56 | 56 | | 28price that takes into account the depreciation in value of the utility poles. |
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