SENATE DOCKET, NO. 1167        FILED ON: 1/15/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

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:

SENATE DOCKET, NO. 1167        FILED ON: 1/15/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

[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:
 

SECTION 1. Section 34B of chapter 164 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding at the end thereof the following:-

The owner of said pole shall allow municipalities to access data through the National Joint Utilities Notification System (NJUNS) or any additional or successor pole management systems.

When feasible, new poles shall be installed in full compliance with the Americans with Disabilities Act Standards for Accessible Design and Massachusetts Architectural Access Board Rules and Regulations (521 CMR). Any disruption to public infrastructure shall be brought to a state of good repair standard.

In the event that a pole, wire or attachment is not removed 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. Owners of such poles may be charged for said removal or relocation by a city or town. In the event that overdue removal of existing poles causes delays to associated municipal projects, municipalities may further charge owners of such poles for the total costs incurred due to such a delay and a reasonable administration fee. In the event of circumstances outside of the pole owners’ and attachees’ control, including work stoppages and adverse weather conditions, additional time beyond 90 days may be granted by the municipality. Municipalities may also suspend or delay the issuance of current, pending or future permits or licenses to the pole owners by no more than 30 calendar days after reaching compliance with pole removal deadlines.

Municipalities may adopt bylaws and ordinances relating to (a) the imposition of fees or fines on electric distribution, telephone, and other companies that own poles or pole attachments 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.