Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Honorable Mark J. Cusack, House Chair
The Honorable Michael J. Barrett, Senate Chair
Joint Committee on Telecommunications, Utilities, and Energy
State House, Boston
Delivered electronically
Dear Chair Cusack, Chair Barrett, and Distinguished Members of the Committee,
On behalf of cities and towns across the Commonwealth, the Massachusetts Municipal Association strongly encourages your support for S. 2250 and H. 3462, An Act Relative to Municipal Authority in the Public Rights of Way. We appreciate the opportunity to provide input on this important legislation.
The bills before you offer a tool to empower municipalities to enforce existing statute requiring the timely removal of decommissioned utility poles, often referred to as “double poles.”
Across the Commonwealth, many cities and towns are experiencing, or anticipating, an increase in clean energy development, grid fortification, broadband expansion, electric vehicle service equipment, and other initiatives that may require increased pole placement and removal. Cities and towns welcome these advancements that aim to provide residents with increased access to leading edge technologies that offer opportunities for personal, community, and economic development and connectivity while protecting public health and the environment. We deeply appreciate the Legislature’s continued attention to these advancements, especially as the nation experiences a shift in federal policy priorities away from shared progress in these areas.
With this activity underway, it is crucial to ensure that decommissioned utility poles are removed in a timely fashion, consistent with the existing law that already requires their removal within 90 days. For many years, municipal officials have regularly contended with the impacts of unsightly and unsafe double poles that reduce road and sidewalk access, delay construction projects, and incite resident and business owner complaints. However, cities and towns currently have little ability to manage inconsistent timelines for removal of decommissioned poles, despite many removals long surpassing the 90-day deadline.
Double poles create significant safety risks. These poles can obstruct the vision of drivers, block or crowd sidewalks and intersections, hide road signs, and create a hazard for vehicles, pedestrians, and other road and sidewalk users. Accessibility for individuals using mobility aids and strollers are of particular concern. Further, vulnerability to extreme weather events is also heightened, as double poles typically have only one pole attached to the ground while carrying the weight of an additional pole along with high voltage wires and attachments.
Additionally, double poles that are overdue for removal have been known to cause delays to municipal infrastructure projects. Such delays translate directly to increased costs for cities and towns and may jeopardize the success and efficiency of infrastructure investments.
If enacted, S. 2250 and H. 3462 would provide leverage to cities and towns to ensure that double pole removal keeps pace with the Commonwealth’s utility advancements and double-pole backlogs are addressed. If poles are not removed within the 90-day deadline, municipalities would be allowed to remove, or arrange for removal, of the delinquent utility poles and associated wires and attachments. Municipalities would be allowed to charge pole owners for this removal. Municipalities also may charge pole owners for costs incurred due to construction delays on municipal projects that result from overdue removal of double poles.
In addition, the bills would explicitly allow cities and towns access to the National Joint Utilities Notification System to access data on utility poles. Provisions would also require disrupted infrastructure to be replaced to a state of good repair, in compliance with the Americans with Disabilities Act Standards for Accessible Design, and Massachusetts Architectural Access Board Rules and Regulations, when possible.
At its core, this legislation will support a collaborative and balanced partnership between utility companies and municipalities. We know that strong partnerships between utility companies, state, and local governments are essential to the success and well-being of the Commonwealth as we all take strides toward our clean energy future. We urge you to support this legislation and report it out of Committee favorably to help advance the Commonwealth’s utility infrastructure while supporting local government and the residents they serve.
Please do not hesitate to reach out with any questions or concerns. You may contact me directly or MMA Legislative Analyst Adrienne Núñez at anunez@mma.org at any time. We are grateful for your consideration of this matter and your support of all 351 cities and towns.
Sincerely,
Adam Chapdelaine
MMA Executive Director and CEO