HOUSE DOCKET, NO. 428 FILED ON: 1/21/2021
HOUSE . . . . . . . . . . . . . . . No. 3258
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The Commonwealth of Massachusetts
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PRESENTED BY:
Natalie M. Blais
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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: | Date Added: |
Natalie M. Blais | 1st Franklin | 1/21/2021 |
Michelle L. Ciccolo | 15th Middlesex | 2/17/2021 |
Adam J. Scanlon | 14th Bristol | 2/24/2021 |
HOUSE DOCKET, NO. 428 FILED ON: 1/21/2021
HOUSE . . . . . . . . . . . . . . . No. 3258
By Ms. Blais of Sunderland, a petition (accompanied by bill, House, No. 3258) of Natalie M. Blais, Michelle L. Ciccolo and Adam J. Scanlon relative to utility poles, wires or attachments and municipal authority in public rights of ways. Telecommunications, Utilities and Energy. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2811 OF 2019-2020.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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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:
Section 1. Section 34B of chapter 164 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding at the end thereof the following:-
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.
SECTION 2. Notwithstanding any special or general law to the contrary, municipalities and public utilities shall have the right to purchase utility poles from investor-owned utilities at a price that takes into account the depreciation in value of the utility poles.