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| 2 | 2 | | HOUSE DOCKET, NO. 2657 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3702 |
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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 | | Steven S. Howitt |
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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 excavation restoration on public ways. |
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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:Steven S. Howitt4th Bristol1/16/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2657 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3702 |
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| 18 | 18 | | By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 3702) of |
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| 19 | 19 | | Steven S. Howitt relative to excavation on public ways. Transportation. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to excavation restoration on public ways. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1. Chapter 82 of the General Laws as appearing in the 2022 Official Edition is |
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| 29 | 29 | | 2hereby amended by inserting after Section 40E, the following new section:- |
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| 30 | 30 | | 3 Section 40F. Notwithstanding any general or special law to the contrary, any public way, |
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| 31 | 31 | | 4including a public road, sidewalk or curb, that has been excavated by a person, corporation or |
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| 32 | 32 | | 5other entity authorized by a permit issued under this chapter or by local government, the person, |
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| 33 | 33 | | 6corporation or entity shall, at its own expense, replace and restore the surface of the public way |
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| 34 | 34 | | 7to its original condition, or better with the same or like materials upon completion of the work. |
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| 35 | 35 | | 8The replacement with the same or like materials shall be done in accordance with the appropriate |
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| 36 | 36 | | 9rules or regulations issued by the Department of Public Utilities. The replacement with the same |
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| 37 | 37 | | 10or like materials shall include the same, if any, surface markings including but not limited to |
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| 38 | 38 | | 11crosswalks, lane lines, bike lanes, and symbols. The person, corporation or other entity shall be |
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| 39 | 39 | | 12responsible for any damages to the replaced surface of the way caused by the excavation for a |
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| 40 | 40 | | 13one-year period after the work has been completed. 2 of 2 |
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| 41 | 41 | | 14 SECTION 2. The act shall go into effect one year after its passage. |
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