Regular Session 2023-2024 House Bill 1619 P.N. 2226

PRIOR PRINTER'S NOS. 1903, 2086

PRINTER'S NO. 2226

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1619

Session of

2023

INTRODUCED BY RYNCAVAGE, KAUFER, MARSHALL, BOROWSKI, PICKETT,

KENYATTA, PROBST, WATRO, CABELL, FLICK, CIRESI, GREINER,

MAJOR, KUTZ, NEILSON, GAYDOS, McANDREW, STENDER, BURGOS,

MULLINS, HADDOCK, STAMBAUGH, SHUSTERMAN, STEELE AND COOPER,

AUGUST 15, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

OCTOBER 30, 2023

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, in powers and duties, providing for

double utility poles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 66 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 531. Double utility poles.

(a) Declaration of purpose.--The General Assembly finds and

declares as follows:

(1) The Commonwealth recognizes the temporary use of

double utility poles as an operational necessity, but

disfavors the long-term use OR RETENTION of double utility

poles on public rights-of-way due to concerns regarding

public safety, the efficient use of public easements,

ratepayer, subscriber or taxpayer expense and streetscape

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aesthetics.

(2) The Commonwealth, through the commission, has

exercised reverse preemption over jurisdictional THE RATES,

TERMS AND CONDITIONS OF THE pole attachments ON A PUBLIC

UTILITY'S INFRASTRUCTURE in accordance with 47 U.S.C. § 224

(relating to pole attachments) as implemented by the

commission under 52 Pa. Code Ch. 77 (relating to pole

attachments).

(3) The migration of attached electric, telephone, cable

or other infrastructure from jurisdictional damaged or

outmoded utility poles to newly installed replacement utility

poles is within the commission's jurisdiction.

(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN

ATTACHED INFRASTRUCTURE OWNER THAT CHOOSES TO ATTACH

INFRASTRUCTURE TO A PUBLIC UTILITY-OWNED POLE IS WITHIN THE

COMMISSIONS JURISDICTION FOR PURPOSES OF SUBSECTION (B).

(b) Rulemaking.--The commission shall commence rulemaking to

amend 52 Pa. Code Ch. 77 to provide support for the

coordination and compensation for pole attachment relocation and

removal OF DAMAGED OR UNUSED UTILITY POLES, OR REMNANTS THEREOF,

UNDER THE CONTROL OF ENTITIES UNDER COMMISSION JURISDICTION and

establish procedures for compensation, indemnification and

expeditious removal of an abandoned pole attachment. In

commencing the rulemaking, the commission shall, at a minimum,

consider the following:

(1) The duration, place and manner of acceptable use of

a double utility pole.

(2) A requirement that a third-party utility pole

attacher register with the commission annually and provide

and maintain current contact information for a responsible

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point of contact and legal service agent in each service

territory of a utility where the third-party utility pole

attacher has facilities.

(2) A REQUIREMENT THAT AN ATTACHED INFRASTRUCTURE OWNER

MAINTAIN CURRENT CONTACT INFORMATION FOR A RESPONSIBLE POINT

OF CONTACT AND LEGAL SERVICE AGENT IN EACH PUBLIC UTILITY

POLE OWNER'S SERVICE TERRITORY AND IDENTIFY THE COUNTY, CITY,

TOWNSHIP AND BOROUGH WHERE THE ATTACHED INFRASTRUCTURE OWNER

HAS ATTACHED FACILITIES ON A PUBLIC UTILITY-OWNED POLE.

(3) A procedure to allow a PUBLIC UTILITY pole owner to

provide reasonable notice to an attached infrastructure owner

of the requirement to migrate facilities to a newly installed

replacement utility pole.

(4) The establishment of a presumptively reasonable

period for an attached infrastructure owner to migrate

facilities to a newly installed replacement utility pole.

(5) A procedure for a PUBLIC UTILITY pole owner and the

pole owner's contractor to be compensated or indemnified for

time, material costs and lost opportunity costs, including

enforcement procedures if a third-party utility pole attacher

AN ATTACHED INFRASTRUCTURE OWNER fails to act or remit

payment in a timely manner, relating to removing and

reattaching infrastructure not migrated:

(i) after the presumptively reasonable period has

elapsed; or

(ii) in accordance with an order by a governing body

that is outside the scope of, or in addition to, a

contractual right of indemnification that the pole owner

may have via license or joint use agreement.

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(6) A procedure for a PUBLIC UTILITY pole owner to

determine that attached facilities have been abandoned and

provisions for compensation of the PUBLIC UTILITY pole owner

for the time, material costs and lost opportunity costs

relating to the transfer or removal of the abandoned

facilities of a third-party utility pole attacher AN ATTACHED

INFRASTRUCTURE OWNER due to necessity or in accordance with

an order by a governing body.

(7) Authorizing a PUBLIC UTILITY pole owner to require a

surety bond from a third-party utility pole attacher AN

ATTACHED INFRASTRUCTURE OWNER to reimburse the PUBLIC UTILITY

pole owner for expenses incurred due to any of the following:

(i) The relocation of the third-party utility pole

attacher's ATTACHED INFRASTRUCTURE OWNER'S facilities.

(ii) The removal of the third-party utility pole

attacher's ATTACHED INFRASTRUCTURE OWNER'S facilities.

(iii) The recertification of a pre-existing

violation caused by the third-party utility pole attacher

ATTACHED INFRASTRUCTURE OWNER to accommodate a new

attachment.

(8) Supporting the expeditious removal of a double

utility pole after the removal of all attached

infrastructure.

(9) AUTHORIZING THE IMPOSITION OF CIVIL PENALTIES, IN

ACCORDANCE WITH 66 PA.C.S. § 3301(A) (RELATING TO CIVIL

PENALTIES FOR VIOLATIONS), AGAINST ATTACHED INFRASTRUCTURE

OWNERS THAT VIOLATE THE COMMISSION'S FINAL-FORM REGULATIONS

AMENDING 52 PA. CODE CH. 77 (RELATING TO POLE ATTACHMENTS) TO

IMPLEMENT THIS SECTION.

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effective date of this subsection, the commission shall commence

an advanced notice of proposed rulemaking. No later than 180

days from the date of commencement of the advanced notice of

proposed rulemaking, the commission shall submit a notice of

proposed rulemaking to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin in accordance with the act of July 31, 1968 (P.L.769,

No.240), referred to as the Commonwealth Documents Law. No later

than 18 months after publication of the notice of proposed

rulemaking, the commission shall seek approval of the final-form

regulations in accordance with the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys Act, and

the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act.

(d) Nonrecoverable costs.--Costs incurred by a utility under

this section shall not be recoverable from ratepayers.

(e) Definitions.--As used in this section, the term "double

utility pole" means an area where a full or remnant part of a

damaged or outmoded utility pole remains present or in service

after the installation of a newly installed replacement utility

pole because the attached electric, telephone, cable or other

infrastructure has not migrated from the damaged or outmoded

utility pole to the newly installed replacement utility pole.

(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"ATTACHED INFRASTRUCTURE OWNER." EITHER A PUBLIC UTILITY

DEFINED IN SECTION 102 (RELATING TO DEFINITIONS) ATTACHING

INFRASTRUCTURE TO ANOTHER PUBLIC UTILITY'S POLE OR A NONUTILITY

ENTITY ATTACHING INFRASTRUCTURE TO THE POLES OF A PUBLIC

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UTILITY.

"DOUBLE UTILITY POLE." AN AREA WHERE A FULL OR REMNANT PART

OF A DAMAGED OR OUTMODED UTILITY POLE REMAINS PRESENT OR IN

SERVICE AFTER THE INSTALLATION OF A NEWLY INSTALLED REPLACEMENT

UTILITY POLE BECAUSE THE ATTACHED ELECTRIC, TELEPHONE, CABLE OR

OTHER INFRASTRUCTURE HAS NOT MIGRATED FROM THE DAMAGED OR

OUTMODED UTILITY POLE TO THE NEWLY INSTALLED REPLACEMENT UTILITY

POLE. THE TERM INCLUDES THE SITUATION WHERE ATTACHED ELECTRIC,

TELEPHONE, CABLE OR OTHER INFRASTRUCTURE HAS BEEN MIGRATED, BUT

THE DAMAGED OR OUTMODED UTILITY POLE OR REMNANT THEREOF REMAINS

IN PLACE.

"PUBLIC UTILITY POLE OWNER." A PUBLIC UTILITY DEFINED IN

SECTION 102.

Section 2. This act shall take effect in 60 days.

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