Amendment ID: S2829-33

Amendment 33

Municipal Authority in Public Rights of Way

Messrs. Crighton, Eldridge, Moore and Tarr move that the proposed new draft be amended by adding the following sections:-

"SECTION XX. Section 34B of chapter 164 of the General Laws, as appearing in the 2020 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 XX. 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."