| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | SENATE DOCKET, NO. 1167 FILED ON: 1/15/2025 |
|---|
| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2250 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Brendan P. Crighton |
|---|
| 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 municipal authority in public rights of way. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird Essex 1 of 2 |
|---|
| 16 | 16 | | SENATE DOCKET, NO. 1167 FILED ON: 1/15/2025 |
|---|
| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2250 |
|---|
| 18 | 18 | | By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2250) of Brendan P. Crighton for |
|---|
| 19 | 19 | | legislation relative to public utilities that operate in public rights of way. Telecommunications, |
|---|
| 20 | 20 | | Utilities and Energy. |
|---|
| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 22 | 22 | | SEE SENATE, NO. 2107 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 municipal authority in public rights of way. |
|---|
| 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. Section 34B of chapter 164 of the General Laws, as appearing in the 2022 |
|---|
| 32 | 32 | | 2Official Edition, is hereby amended by adding at the end thereof the following:- |
|---|
| 33 | 33 | | 3 The owner of said pole shall allow municipalities to access data through the National |
|---|
| 34 | 34 | | 4Joint Utilities Notification System (NJUNS) or any additional or successor pole management |
|---|
| 35 | 35 | | 5systems. |
|---|
| 36 | 36 | | 6 When feasible, new poles shall be installed in full compliance with the Americans with |
|---|
| 37 | 37 | | 7Disabilities Act Standards for Accessible Design and Massachusetts Architectural Access Board |
|---|
| 38 | 38 | | 8Rules and Regulations (521 CMR). Any disruption to public infrastructure shall be brought to a |
|---|
| 39 | 39 | | 9state of good repair standard. 2 of 2 |
|---|
| 40 | 40 | | 10 In the event that a pole, wire or attachment is not removed within the required 90 days or |
|---|
| 41 | 41 | | 11the agreed upon timeframe, municipalities may move, relocate or remove utility poles, wires or |
|---|
| 42 | 42 | | 12attachments, or arrange for another party to move, relocate or remove utility poles, wires and |
|---|
| 43 | 43 | | 13attachments. Owners of such poles may be charged for said removal or relocation by a city or |
|---|
| 44 | 44 | | 14town. In the event that overdue removal of existing poles causes delays to associated municipal |
|---|
| 45 | 45 | | 15projects, municipalities may further charge owners of such poles for the total costs incurred due |
|---|
| 46 | 46 | | 16to such a delay and a reasonable administration fee. In the event of circumstances outside of the |
|---|
| 47 | 47 | | 17pole owners’ and attachees’ control, including work stoppages and adverse weather conditions, |
|---|
| 48 | 48 | | 18additional time beyond 90 days may be granted by the municipality. Municipalities may also |
|---|
| 49 | 49 | | 19suspend or delay the issuance of current, pending or future permits or licenses to the pole owners |
|---|
| 50 | 50 | | 20by no more than 30 calendar days after reaching compliance with pole removal deadlines. |
|---|
| 51 | 51 | | 21 Municipalities may adopt bylaws and ordinances relating to (a) the imposition of fees or |
|---|
| 52 | 52 | | 22fines on electric distribution, telephone, and other companies that own poles or pole attachments |
|---|
| 53 | 53 | | 23that operate in the public right of way, (b) the assessment of taxes on utility companies that |
|---|
| 54 | 54 | | 24operate in the public right of way, (c) the licensing and permitting of utility companies that |
|---|
| 55 | 55 | | 25operate in the public right of way. |
|---|
| 56 | 56 | | 26 SECTION 2. Notwithstanding any special or general law to the contrary, municipalities |
|---|
| 57 | 57 | | 27and public utilities shall have the right to purchase utility poles from investor-owned utilities at a |
|---|
| 58 | 58 | | 28price that takes into account the depreciation in value of the utility poles. |
|---|