{"AmendmentNumber":"231","ParentBillNumber":"H5562","Bill":null,"Sponsor":{"Id":"JPL1","Name":"Jack Patrick Lewis","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/JPL1","ResponseDate":"2026-07-06T14:56:19.037"},"Category":null,"Action":"Consolidated","RollCall":[],"Title":"Encouraging double utility pole removal","Branch":"House","RedraftNumber":null,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Mr. Lewis of Framingham moves to amend the bill by inserting the following section:\r\nSection XXXX. Chapter 164 of the General Laws is hereby amended by striking out section 34B and inserting in place thereof the following section:-\r\n\tSection 34B. (a) As used in this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:\r\n\t“Attacher”, any person, distribution company, telecommunications company, utility, municipality or any other entity that attaches any line, wire or equipment to any pole.\r\n\t“Attachment”, a wire, cable or other utility equipment.\r\n\t“Double pole”, the condition in which 2 poles stand in immediate proximity during pole replacement, consisting of: (i) a newly installed replacement pole; and (ii) an existing pole that remains to support attached wires, cables or equipment pending their transfer to the replacement pole by the stakeholders.\r\n\t“Owner”, any distribution company, utility, or other entity that is legally responsible for the installation, maintenance, and removal of a pole.\r\n\t“Pole”, a utility pole to which at least one attachment is affixed.\r\n\t“Stakeholder”, an attacher or owner.\r\n\t“Utility pole database”, NJUNS, the National Joint Utilities Notification System, its successor or another equivalent notification system and database agreed to by the double pole working group established in this section.\r\n\t(b) There shall be a permanent double utility pole commission which shall consist of: 1 of whom shall be the secretary of administration and finance, or the secretary’s designee; 1 of whom shall be the chair of the department of public utilities, or the chair's designee; 1 of whom shall be the commissioner of the department of telecommunications and cable, or the commissioner’s designee; 1 of whom shall be a representative of a municipal light board of commissioners or their designee; the house and senate chairs of the joint committee on municipalities and regional government; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed by the minority leader; 3 municipal officials selected by the governor; 1 representative of each utility owner; 1 utility owner that is a telecommunications provider; 1 utility pole attacher that is a cable company; the executive director of the New England Connectivity and Telecommunications Association or their designee; the executive director of the Massachusetts Municipal Association or their designee; and 1 private citizen, appointed by the governor, who shall serve as chair of the commission and shall not be an employee of any electric or telecommunications utility operating in the commonwealth.\r\n(i) The permanent commission shall meet no fewer than four times per fiscal year.\r\n(ii) The permanent commission shall promote collaboration between stakeholders involved in attachment transfers and serve as an informational resource.\r\n(iii) The permanent commission shall create regulations related to an incentive and accountability structure and its enforcement within 365 days of its first meeting.\r\n(iv) Annually, not later than March 30, the permanent commission shall prepare a report regarding double pole activity in the commonwealth during the previous calendar year, including, but not limited to, the number and status of double poles in each municipality, the length of time the double poles have existed and the stakeholders responsible for delays in double pole resolution; provided, however, that the report shall be submitted to the chairs of the joint committee on municipalities and regional government, the chairs of the joint committee on telecommunications, utilities and energy, the house and senate committees on ways and means and the clerks of the house and senate; and provided further, that the department shall publish the report on its website.\r\n\t(c) A stakeholder shall have an active account with the utility pole database that is regularly monitored by a designated individual within the stakeholder’s organization; provided, however, that if the database designee’s affiliation with the organization substantially changes or terminates for any reason, the organization shall replace the designee not more than 3 business days after the previous designee’s departure.\r\n\t(d) When the installation of a new pole creates a double pole, the new owner shall (i) register the double pole in the utility pole database; (ii) notify all attachers of their obligations to transfer their respective attachments to the new pole; provided, however, that if the new owner does not own the existing pole, the new owner shall notify the existing owner of the transfer obligations; and provided further, that the existing owner shall notify the attachers on the existing pole of their transfer obligations.\r\n\t(e) After a double pole is registered in the utility pole database or a preceding stakeholder on an existing pole completes its obligation under this section, a stakeholder shall: (i) transfer their attachment to the new pole; (ii) remove the existing pole; or (iii) both, as applicable. The stakeholder shall update the pole’s respective ticket in the utility pole database with written and visual confirmations of the completion.\r\n\t(f) The department shall:\r\n\t(i) ensure stakeholders have sufficient and appropriate access to the utility pole database; provided, however, that stakeholders’ confidential and proprietary information shall be protected; and provided further, that the department shall explore potential enhancements to the database as needed to reduce delays in the transfer and removal of double poles;\r\n\t(ii) offer independent problem-solving assistance to parties engaged in double pole removals;\r\n\t(iii) maintain open communication with stakeholders, including but not limited to education and outreach efforts;\r\n\t(iv) manage public inquiries and complaints regarding double poles, including but not limited to attachment transfers;\r\n\t(g) Not later than January 31, 2028, the department of public utilities, in collaboration with the department of telecommunications and cable, shall establish a single visit transfer pilot program designed to expedite the removal of double poles by allowing a single qualified entity to move all participating stakeholder attachments during 1 visit rather than requiring separate visits from each attacher. The department may model the program after similar state initiatives. The department may invite, but shall not require, stakeholders to participate in the program. Nothing in this subsection shall be construed to interfere with then-effective collective bargaining agreements governing the installation, transfer or removal of poles or attachments. Terms used in this section shall be defined as set forth in section 34B of chapter 164 of the General Laws.\r\n"}