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