S4355

An Act concerning utility pole placement and removal, supplementing Title 48 of the Revised Statutes, and amending P.L.1991, c.366.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section.) a. As used in this section:

“Double pole” means a damaged or outmoded pole that remains present or in service with pole attachments after the installation of a replacement pole.

“Pole” means the same as that term is defined in section 1 of P.L.1991, c.366 (C.48:3-17a).

“Public utility” or “utility” means a public utility as that term is defined in R.S.48:2-13.

“Relevant municipality” means the municipality in which the public right-of-way is located where a pole will be placed or where a pole or double pole will be removed as applicable.

b. At least 60 days prior to the non-emergency placement of a new pole, a public utility shall:

(1) notify the relevant municipality; and

(2) make a good faith effort to notify any applicable telecommunications providers.

c. In addition to the requirements of subsection b. of this section, a public utility shall notify the relevant municipality 48 hours prior to the non-emergency placement of a new pole.

d. At least 60 days prior to the non-emergency removal of a pole, or the non-emergency removal of a double pole, a public utility shall:

(1) notify the relevant municipality; and

(2) make a good faith effort to notify any applicable telecommunications providers, including, but not limited to, the owners of pole attachments on the pole or double pole.

e. Except as otherwise provided in subsection f. of section 1 of P.L.1991, c.366 (C.48:3-17a), no public utility shall remove a pole or double pole until at least 60 days have elapsed since the placement of a new corresponding pole.

2. Section 1 of P.L.1991, c.366 (C.48:3-17a) is amended to read as follows:

1. a. After the effective date of P.L.1991, c.366 (C.48:3-17a), before a public utility places a pole [, used for the supplying and distributing of electricity for light, heat or power, or for the furnishing of telegraph, telephone or other telecommunications service,] on a public [right of way] right-of-way on which the predominant method of lighting is gas lighting, a public utility shall, in addition to any other requirements of law, first acquire the consent of the governing body of the municipality in which the public [right of way] right-of-way is located.

b. After the effective date of P.L.2004, c.154, before a public utility places, replaces, or removes a pole or an underground facility located in a single municipality within a 24-hour period, which pole or underground facility is used for the supplying and distribution of electricity for light, heat, or power, or for the furnishing of water service or telephone or other telecommunications service on or below a public [right of way] right-of-way in that municipality, the public utility shall, in addition to any other requirements of law, notify an [appropriately licensed] appropriately-licensed municipal code official of the municipality at least 24 hours before undertaking any construction or excavation related to the placement, replacement, or removal of [such] the pole or underground facility. The provisions of this subsection shall apply only to a municipality where the municipality’s governing body [of that municipality] has first adopted an ordinance requiring the notification of a public utility that provides service in that municipality of the application of the provisions of this subsection in the municipality. [For the purposes of this section, "underground facility" means one or more underground pipes, cables, wires, lines or other structures used for the supplying and distribution of electricity for light, heat or power or for the providing of water service, or for the furnishing of telephone or other telecommunications service.]

c. After completing the placement, replacement, or removal, as applicable, of a pole [or] pursuant to subsection a. of this section, a pole pursuant to subsections b. and d. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) or pursuant to subsection b. of this section, an underground facility pursuant to subsection b. of this section, or the removal of a double pole pursuant to subsection d. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the public utility shall remove from [such] the [right of way] right-of-way any pole or underground facility no longer in use as well as any other debris created from [such] the pole’s or underground facility’s placement, replacement, or removal and restore the property, including, but not limited to, the installation of a hot patch as needed to restore the property within the [right of way] right-of-way to its previous condition as much as possible. [As used in this section, "hot patch" means the installation of a mixture of asphalt to restore property within the right of way to its previous condition subsequent to the construction or excavation of a site required for the placement, replacement of a pole or an underground facility pursuant to this section.]

d. [For the purposes of] As used in this section [,] :

“Double pole” means the same as that term is defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Hot patch” means the installation of a mixture of asphalt to restore property within the right-of-way to its previous condition subsequent to the construction or excavation of a site required for the placement or replacement of a pole or an underground facility pursuant to this section.

["pole"] “Pole” means [,in addition to its commonly accepted meaning,] a utility pole used for the supply and distribution of electricity for light, heat, or power, or for the furnishing of telegraph, telephone, or other telecommunications service. “Pole” shall include any wires or cable connected thereto [,] and any replacements [therefor which] that are similar in construction and use.

“Public utility” means the same as that term is defined in R.S.48:2-13.

“Underground facility” means one or more underground pipes, cables, wires, lines, or other structures used for the supply and distribution of electricity for light, heat, or power or for the providing of water service, or for the furnishing of telephone or other telecommunications service.

e. [In the event] If a public utility does not meet the requirements of subsection c. of this section concerning the removal of debris and the restoring of property, including, but not limited to, the installation of a hot patch, within a [right of way] right-of-way to its previous condition within 90 days of placement, replacement, or removal of a pole or an underground facility, or removal of a double pole, the municipality shall be authorized to impose a fine up to an amount not to exceed $100 each day until the requirements of subsection c. are met [, except that if] . However, if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until 60 days immediately following the end of the November through April period. At least five business days prior to the end of the 90-day period established by this subsection, the municipality shall notify the public utility that the penalties authorized by this subsection shall begin to be assessed against the utility after the end of the 90-day period unless the utility complies with the requirements of subsection c. of this section. Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedure provided by “The Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal court shall have jurisdiction to enforce the provisions of this section. In the case of removal or replacement of a pole or an underground facility, or the removal of a double pole, utilized by two or more public utilities, the public utility last removing its pipes, cables, wires, lines, or other structures shall be liable for the removal and restoration required under subsection c. of this section, unless a written agreement between the public utilities provides otherwise.

f. Under emergency conditions [which] that significantly impact the placement of a pole or underground facility resulting from natural forces or human activities beyond the control of the public utility, or [which] that pose an imminent or existing threat of loss of electrical, water, power, telephone, or other telecommunication service, or [which] that pose an imminent or existing threat to the safety and security of persons or property, or both, or [which] that require immediate action by a public utility to prevent bodily harm or substantial property damage from occurring, the provisions of subsection b. of this section shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement, or removal of a pole or an underground facility, or the removal of a double pole, in response to such an emergency [, provided that] . However, the public utility undertaking [such] the construction or excavation [notifies] shall notify the [appropriately licensed] appropriately-licensed municipal code official of the municipality in which [such] the construction or excavation occurs at the earliest reasonable opportunity and [that all reasonable efforts are taken by the public utility] and shall take all reasonable efforts to comply with the removal and restoration requirements of subsection c. of this section after responding to the emergency.

(cf: P.L.2004, c.154, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill creates certain notice and timing requirements for the non-emergency placement or removal of utility poles (“poles”) and the non-emergency removal of double poles.

Under current law, public utilities are required to obtain municipal consent prior to the placement of a pole on a public right-of-way on which the predominant method of lighting is gas lighting. Further, public utilities are required to notify municipalities prior to the non-emergency placement, replacement, or removal of poles in municipalities that have adopted certain ordinances.

Under this bill, all public utilities are required to notify relevant municipalities and to make a good faith effort to notify applicable telecommunication providers at least 60 days prior to the non-emergency placement of a pole. In addition, the bill requires public utilities to provide 48-hour notice to the relevant municipalities prior to the non-emergency placement of a pole. The bill further requires public utilities to notify relevant municipalities and to make a good faith effort to notify applicable telecommunication providers at least 60 days prior to the non-emergency removal of a pole or double pole.

This bill prohibits public utilities from removing a pole or double pole until at least 60 days have elapsed since the placement of a new corresponding pole.

Under the bill, “double pole” means a damaged or outmoded pole that remains present or in service with pole attachments after the installation of a replacement pole.