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SENATE DOCKET, NO. 1167 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 2250
The Commonwealth of Massachusetts
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PRESENTED BY:
Brendan P. Crighton
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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 municipal authority in public rights of way.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird Essex 1 of 2
SENATE DOCKET, NO. 1167 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 2250
By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2250) of Brendan P. Crighton for
legislation relative to public utilities that operate in public rights of way. Telecommunications,
Utilities and Energy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2107 OF 2023-2024.]
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 municipal authority in public rights of way.
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. Section 34B of chapter 164 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by adding at the end thereof the following:-
3 The owner of said pole shall allow municipalities to access data through the National
4Joint Utilities Notification System (NJUNS) or any additional or successor pole management
5systems.
6 When feasible, new poles shall be installed in full compliance with the Americans with
7Disabilities Act Standards for Accessible Design and Massachusetts Architectural Access Board
8Rules and Regulations (521 CMR). Any disruption to public infrastructure shall be brought to a
9state of good repair standard. 2 of 2
10 In the event that a pole, wire or attachment is not removed within the required 90 days or
11the agreed upon timeframe, municipalities may move, relocate or remove utility poles, wires or
12attachments, or arrange for another party to move, relocate or remove utility poles, wires and
13attachments. Owners of such poles may be charged for said removal or relocation by a city or
14town. In the event that overdue removal of existing poles causes delays to associated municipal
15projects, municipalities may further charge owners of such poles for the total costs incurred due
16to such a delay and a reasonable administration fee. In the event of circumstances outside of the
17pole owners’ and attachees’ control, including work stoppages and adverse weather conditions,
18additional time beyond 90 days may be granted by the municipality. Municipalities may also
19suspend or delay the issuance of current, pending or future permits or licenses to the pole owners
20by no more than 30 calendar days after reaching compliance with pole removal deadlines.
21 Municipalities may adopt bylaws and ordinances relating to (a) the imposition of fees or
22fines on electric distribution, telephone, and other companies that own poles or pole attachments
23that operate in the public right of way, (b) the assessment of taxes on utility companies that
24operate in the public right of way, (c) the licensing and permitting of utility companies that
25operate in the public right of way.
26 SECTION 2. Notwithstanding any special or general law to the contrary, municipalities
27and public utilities shall have the right to purchase utility poles from investor-owned utilities at a
28price that takes into account the depreciation in value of the utility poles.