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Bill

S 2313

Relates to a leave of absence for veterans on Veterans Day

2025 Regular Session Introduced by Peter Oberacker and 2 co-sponsors

Requires public and investor-owned utilities to notify the municipality and offer a right of first refusal before disposing of real property; DLS and DPU must implement the policy.

REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
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WeVote Research Nonpartisan
Bill Summary · S 2313

Note on sources
The metadata you provided lists the title “Relates to a leave of absence for veterans on Veterans Day,” but the bill text and sponsor/petitioner information attached to S.2313 concern a municipal right of first refusal for utility real property. This summary relies on the bill text as the authoritative source.

Summary — S.2313 (2025): Municipal Right of First Refusal for Utility Real Property

Main purpose

To require public and investor‑owned utility companies to notify the municipality where a parcel is located and to offer that municipality a right of first refusal (ROFR) before disposing of real property, and to require the Division of Local Services (DLS), in partnership with the Department of Public Utilities (DPU), to promulgate and implement a policy to effectuate that requirement.

Key provisions

  • Supersedes conflicting laws: The bill begins “Notwithstanding any special or general law to the contrary,” indicating it overrides inconsistent statutes.
  • Agency duty: Directs the Division of Local Services, working with the Department of Public Utilities, to create and implement a policy.
  • Notification and ROFR: The policy must require public and investor‑owned utility companies that intend to “dispose of real property” to:
    • Notify the municipality in which the property is located, and
    • Offer that municipality a right of first refusal to acquire the property.
  • Scope: Applies to both public and investor‑owned utility companies (phraseology from the bill).

Who is affected

  • Municipal governments: Gain a formal opportunity to acquire utility‑owned property located in their jurisdiction.
  • Public and investor‑owned utility companies: New procedural and potentially transactional obligations when disposing of real property.
  • Potential buyers and sellers in real estate transactions involving utility property: Transactions may be delayed or conditioned by municipal ROFR processes.
  • State agencies (DLS and DPU): Responsible for drafting and implementing the required policy and guidance.

Procedural status and timeline

  • Filed: January 17, 2025 (bill text docket indicates presentation by Senator Patrick M. O’Connor).
  • Committee referrals in the record are inconsistent (Telecommunications, Utilities and Energy; Veterans, Homeland Security and Military Affairs; Finance). As of the provided status, it was REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS.
  • Implementation would occur after enactment via DLS/DPU policy development; the bill does not specify deadlines, timeframes for notices, or procedural details.

Potential impacts and implementation issues

  • Benefits: Enables municipalities to preserve public lands, support community planning, and prevent unwanted private development of strategic parcels.
  • Administrative/fiscal effects: Municipalities may need funding mechanisms to exercise ROFR; DLS and DPU will incur administrative costs to develop and administer policy; utilities will need compliance processes.
  • Open questions the policy must resolve: definitions of “dispose” (sale, lease, transfer, easement?), timing and duration of the municipality’s ROFR period, valuation/matching rules, confidentiality, and how competing offers are handled.
  • Legal/transactional effects: Could slow or complicate utility property dispositions and affect market valuations.

Recommendations for stakeholders

  • Legislature or implementing agencies should define core terms (dispose, notice period, matching price rules) and set reasonable timelines to limit transaction uncertainty.
  • Municipalities should plan financing options (bonding, special funds) if they intend to exercise ROFR.
  • Utilities should prepare notification and recordkeeping procedures to comply with the forthcoming policy.

If you want, I can draft suggested regulatory elements (definitions, timeframes, valuation methods) that the DLS/DPU could include when creating the implementing policy.

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

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