PRINTER'S NO. 715
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.699
Session of
2025
INTRODUCED BY RYNCAVAGE, GREINER, PROBST, CIRESI, KENYATTA,
STENDER, PUGH, GAYDOS, KUTZ, IRVIN, COOPER, FRITZ, MAJOR,
PICKETT, BOROWSKI, WATRO, MULLINS, FLICK AND STEELE,
FEBRUARY 21, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, FEBRUARY 21, 2025
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in powers and duties, providing for
double utility poles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 531. Double utility poles.
(a) Declaration of purpose.--The General Assembly finds and
declares as follows:
(1) The Commonwealth recognizes the temporary use of
double utility poles as an operational necessity, but
disfavors the long-term use or retention of double utility
poles on public rights-of-way due to concerns regarding
public safety, the efficient use of public easements,
ratepayer, subscriber or taxpayer expense and streetscape
aesthetics.
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17 (2) The Commonwealth, through the commission, has
exercised reverse preemption over the rates, terms and
conditions of the pole attachments on a public utility's
infrastructure in accordance with 47 U.S.C. § 224 (relating
to pole attachments) as implemented by the commission under
52 Pa. Code Ch. 77 (relating to pole attachments).
(3) The migration of attached electric, telephone, cable
or other infrastructure from jurisdictional damaged or
outmoded utility poles to newly installed replacement utility
poles is within the commission's jurisdiction.
(4) An attached infrastructure owner that chooses to
attach infrastructure to a public-utility-owned pole is
within the commission's jurisdiction for purposes of
subsection (b).
(b) Rulemaking.--The commission shall commence rulemaking to
amend 52 Pa. Code Ch. 77 to provide support for the
coordination and compensation for pole attachment relocation and
removal of damaged or unused utility poles, or remnants thereof,
under the control of entities under commission jurisdiction and
establish procedures for compensation, indemnification and
expeditious removal of an abandoned pole attachment. In
commencing the rulemaking, the commission shall, at a minimum,
consider the following:
(1) The duration, place and manner of acceptable use of
a double utility pole.
(2) A requirement that an attached infrastructure owner
register with the commission annually and provide and
maintain current contact information for a responsible point
of contact and legal service agent in each public utility
pole owner's service territory and identify the county, city,
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30 township and borough where the attached infrastructure owner
has attached facilities on a public-utility-owned pole.
(3) A procedure to allow a public utility pole owner to
provide reasonable notice to an attached infrastructure owner
of the requirement to migrate facilities to a newly installed
replacement utility pole.
(4) The establishment of a presumptively reasonable
period for an attached infrastructure owner to migrate
facilities to a newly installed replacement utility pole.
(5) A procedure for a public utility pole owner and the
pole owner's contractor to be compensated or indemnified for
time, material costs and lost opportunity costs, including
enforcement procedures if an attached infrastructure owner
fails to act or remit payment in a timely manner, relating to
removing and reattaching infrastructure not migrated:
(i) after the presumptively reasonable period has
elapsed; or
(ii) in accordance with an order by a governing body
that is outside the scope of, or in addition to, a
contractual right of indemnification that the pole owner
may have via license or joint use agreement.
(6) A procedure for a public utility pole owner to
determine that attached facilities have been abandoned and
provisions for compensation of the public utility pole owner
for the time, material costs and lost opportunity costs
relating to the transfer or removal of the abandoned
facilities of an attached infrastructure owner due to
necessity or in accordance with an order by a governing body.
(7) Authorizing a public utility pole owner to require a
surety bond from an attached infrastructure owner to
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30 reimburse the public utility pole owner for expenses incurred
due to any of the following:
(i) The relocation of the attached infrastructure
owner's facilities.
(ii) The removal of the attached infrastructure
owner's facilities.
(iii) The recertification of a preexisting violation
caused by the attached infrastructure owner to
accommodate a new attachment.
(8) Supporting the expeditious removal of a double
utility pole after the removal of all attached
infrastructure.
(9) Authorizing the imposition of civil penalties, in
accordance with 66 Pa.C.S. § 3301(a) (relating to civil
penalties for violations), against attached infrastructure
owners that violate the commission's final-form regulations
amending 52 Pa. Code Ch. 77 to implement this section.
(c) Rulemaking procedures.--No later than 90 days from the
effective date of this subsection, the commission shall commence
an advanced notice of proposed rulemaking. No later than 180
days from the date of commencement of the advanced notice of
proposed rulemaking, the commission shall submit a notice of
proposed rulemaking to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin in accordance with the act of July 31, 1968 (P.L.769,
No.240), referred to as the Commonwealth Documents Law. No later
than 18 months after publication of the notice of proposed
rulemaking, the commission shall seek approval of the final-form
regulations in accordance with the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, and
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30 the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act.
(d) Nonrecoverable costs.--Costs incurred by a utility under
this section shall not be recoverable from ratepayers.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Attached infrastructure owner." Either a public utility
defined in section 102 (relating to definitions) attaching
infrastructure to another public utility's pole or a nonutility
entity attaching infrastructure to the poles of a public
utility.
"Double utility pole." An area where a full or remnant part
of a damaged or outmoded utility pole remains present or in
service after the installation of a newly installed replacement
utility pole because the attached electric, telephone, cable or
other infrastructure has not migrated from the damaged or
outmoded utility pole to the newly installed replacement utility
pole. The term includes the situation where attached electric,
telephone, cable or other infrastructure has been migrated, but
the damaged or outmoded utility pole or remnant thereof remains
in place.
"Public utility pole owner." A public utility defined in
section 102.
Section 2. This act shall take effect in 60 days.
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