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By Mr. Wagner of Chicopee, petition (accompanied by bill, House, No. 3676) of Joseph F. Wagner and others for legislation to regulate the excavation of public ways by utilitycompanies. Transportation |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act further regulating street excavations by utility companies. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 85 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 10A the following section:-
Section 10B. Regulation of excavation of ways
A corporation that is subject to the provisions of chapters 165, 166 or 166A may excavate a public way of a city or town in order to accomplish the objectives of said corporation, but only in accordance with a permit issued by the board or officer having charge of ways in such city or town. A city or town may require the payment of fees for such permits insofar as such fees are related to the administrative costs incurred by the municipality in connection with the review and processing of such permits.
Upon completion of excavation, the city or town may require the corporation to restore and repair the affected way to a condition as good as that which existed prior to such excavation, and the expense of such work shall be paid by said corporation. The city or town may require the payment of reasonable fees to recover the costs associated with the inspection of an excavation to ensure that the affected way is repaired or restored to a condition as good as that which existed prior to such excavation; provided, however, that the board or officer having charge of ways in such city or town shall advise the corporation of the inspection fee prior to the issuance of an excavation permit. If the corporation fails to complete such restoration or repair within a reasonable time, the city or town may restore and repair the affected way to such condition as existed prior to excavation, and the expense shall be paid by the corporation. Notwithstanding the provisions of this section, a city or town which, as of January 1, 2002, has an established practice of administering an alternative arrangement with utility companies relative to the repair and restoration of public ways following excavation of public ways shall be authorized to continue to administer such practice as an alternative to the practices set forth in this section; provided, that said city or town shall file notice of such alternative practice, signed by the chief executive officer of the city or town, with the department of telecommunications and energy within 6 months of the effective date of this act.
SECTION 2. Section 70 of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out the second sentence.
SECTION 3. Said section 70 of said chapter 164, as so appearing, is hereby further amended by adding the following 2 paragraphs:-
The gas company may open and dig up the ground in accordance with an excavation permit issued by the board or officer having charge of ways in such city or town. A city or town may require the payment of fees for such permits insofar as such fees are related to the administrative costs incurred by the city or town in connection with the review and processing of such permits.
Upon completion of excavation, the city or town may require the corporation to restore and repair the affected way to a condition as good as that which existed prior to such excavation, and the expense of such work shall be paid by said corporation. The city or town may require the payment of reasonable fees to recover the costs associated with the inspection of each excavation to ensure that the affected way is repaired or restored to a condition as good as that which existed prior to such excavation; provided, however, that the board or officer having charge of ways in such city or town shall advise the applicant of the inspection fee prior to the issuance of an excavation permit. If the corporation fails to complete such restoration or repair within a reasonable time, the city or town may restore and repair the affected way to such condition as existed prior to excavation, and the expense shall be paid by the corporation. Notwithstanding the provisions of this section, a city or town which, as of January 1, 2002, has an established practice of administering an alternative arrangement with gas companies relative to the repair and restoration of public ways following excavation shall be authorized to continue to administer such practice as an alternative to the practices set forth in this section; provided, that said city or town shall file notice of such alternative practice, signed by the chief executive officer of the city or town, with the department of telecommunications and energy within 6 months of the effective date of this act.
SECTION 4. This act shall take effect upon its passage and shall apply prospectively.