HOUSE DOCKET, NO. 2265        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2701

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Stephen Kulik

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Stephen Kulik

1st Franklin

1/19/2017

Kenneth I. Gordon

21st Middlesex

 

Brian M. Ashe

2nd Hampden

 

John W. Scibak

2nd Hampshire

 

David Paul Linsky

5th Middlesex

 

José F. Tosado

9th Hampden

 

Gailanne M. Cariddi

1st Berkshire

 

Smitty Pignatelli

4th Berkshire

 

Leonard Mirra

2nd Essex

 

Chris Walsh

6th Middlesex

 

Tricia Farley-Bouvier

3rd Berkshire

 

Jonathan Hecht

29th Middlesex

 

Mathew Muratore

1st Plymouth

 

Carlos González

10th Hampden

 

Michelle M. DuBois

10th Plymouth

 

Kathleen O'Connor Ives

First Essex

 

Thomas J. Calter

12th Plymouth

 

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

 


HOUSE DOCKET, NO. 2265        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2701

By Mr. Kulik of Worthington, a petition (accompanied by bill, House, No. 2701) of Stephen Kulik and others relative to public utilities that operate in public rights of way.  Telecommunications, Utilities and Energy.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

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:
 

SECTION 1. Section 34B of chapter 164 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding –“

In the event that a utility company does not move a utility pole, wire or attachment within the required 90 days or the agreed upon timeframe, municipalities may move, relocate or remove utility poles, wires or attachments, or arrange for another party to move, relocate or remove utility poles, wires and attachments. Municipalities may charge the utility company a reasonable fee for non-performance.

Municipalities may adopt bylaws and ordinances relating to (a) the imposition of fees or fines on utility companies that operate in the public right of way, (b) the assessment of taxes on utility companies that operate in the public right of way, (c) the licensing and permitting of utility companies that operate in the public right of way.