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HD 161

An Act relative to double poles

194th Legislature (2025-2026) Introduced by Tackey Chan

Requires utilities to remove old poles within 180 days after installing a new pole in double-pole cases, with escalating fines to municipalities and rules by 2027.

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WeVote Research Nonpartisan
Bill Summary · HD 161

Summary: An Act Relative to Double Poles (House Docket No. 161)

Purpose and intent

This bill aims to regulate the removal of old utility poles and the installation of new poles, to prevent delays in removing old infrastructure and to establish a clear fines schedule for noncompliance. It focuses on “double poles” scenarios where a new pole is installed before the old one is removed and all wires/attachments are transferred.

Key provisions

  • Who is covered: A distribution company or telephone company performing the removal of an existing pole and installation of a new pole in place of it (with the goal of eventually transferring wires and completing repairs and removal of the old pole).

  • Timeline and fines (Section 34B of Chapter 164):

    • If the old pole, wires transfer, and all repairs are not completed and the old pole removed within 180 days after the installation of the new pole, the company must pay fines to the local municipality.
    • Fine schedule after the 180-day period:
    • $10 per day for the first 30 days
    • $20 per day for the next 30 days
    • $30 per day for the following 305 days
    • $100 per day for all days thereafter, until the old pole is removed
    • Exception for certain construction: commercial or industrial construction projects expected to take longer than 1 year must remove the old pole within 12 months of installing the new pole.

  • Notice and cost shifting (Section 34B):

    • The pole owner must notify all other users at least 72 hours before removal/installation work begins.
    • A pole owner may impose a fine on a user who has not removed their wiring/attachments when that non-removal delays the pole removal.

  • Municipal delays exception: No fine may be imposed if a city or town’s failure to remove its own police or fire alarm circuits or similar municipal equipment causes the delay and no other work could proceed.

  • Fines and rates: Any fine imposed cannot be recovered through utility rates without approval by the Department of Public Utilities (DPU) or the Department of Telecommunications and Cable (DT&C).

  • Administrative amendments (Sections 2–3): Clarify where the fines are imposed and require timing-based notices to local government officials (e.g., “imposed by the municipality having jurisdiction” and notification to local officials).

  • Regulatory implementation (Section 4): By January 1, 2027, the DPU, in consultation with the DT&C, must adopt regulations implementing Section 34B.

Affected entities and stakeholders

  • Primarily distribution and telephone companies engaged in pole removal/replacement projects.
  • Municipalities and local officials (e.g., selectmen, councilors, aldermen, or equivalent overseeing committees) who would receive notices and collect fines.
  • Other pole users (e.g., businesses or residents with wires/attachments) who must coordinate removal of their attachments or face potential penalties if delays are caused by non-removal.

Timelines and process

  • Initial installation of a new pole followed by a 180-day window to complete removal of the old pole and related work.
  • Administrative process for seeking relief or exemptions from fines available to pole owners or users.
  • Regulatory framework to be established no later than January 1, 2027.

Potential impact

  • Creates a financial incentive for utilities to complete old-pole removals promptly, potentially reducing hazards and visual clutter from double poles.
  • Establishes a structured dispute/relief mechanism and local-level enforcement with fines.
  • Requires regulatory coordination between DPU and DT&C for implementation.

Context

  • Similar matter previously filed in the 2023-2024 session (House Bill 3152), indicating ongoing interest in addressing “double poles” in Massachusetts.

Compiled from official sources — confirm details with the bill’s official record.

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