HB 825 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in powers and duties, providing for double utility poles.

PRINTER'S NO.   852

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 825
                                                Session of
                                                  2025

     INTRODUCED BY RYNCAVAGE, MAJOR, STENDER, PICKETT, FRITZ,
        BOROWSKI, TWARDZIK, GREINER, COOPER, WATRO, KENYATTA, GAYDOS,
        NEILSON, PUGH, FLICK, McANDREW, MULLINS, STEELE AND PROBST,
        MARCH 6, 2025

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, MARCH 6, 2025


                                      AN ACT
 1   Amending Title 66 (Public Utilities) of the Pennsylvania
 2      Consolidated Statutes, in powers and duties, providing for
 3      double utility poles.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 66 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 531.   Double utility poles.
 9      (a)   Declaration of purpose.--The General Assembly finds and
10   declares as follows:
11            (1)   The Commonwealth recognizes the temporary use of
12      double utility poles as an operational necessity, but
13      disfavors the long-term use or retention of double utility
14      poles on public rights-of-way due to concerns regarding
15      public safety, the efficient use of public easements,
16      ratepayer, subscriber or taxpayer expense and streetscape
17      aesthetics.
 1            (2)   The Commonwealth, through the commission, has
 2      exercised reverse preemption over the rates, terms and
 3      conditions of the pole attachments on a public utility's
 4      infrastructure in accordance with 47 U.S.C. § 224 (relating
 5      to pole attachments) as implemented by the commission under
 6      52 Pa. Code Ch. 77 (relating to pole attachments).
 7            (3)   The migration of attached electric, telephone, cable
 8      or other infrastructure from jurisdictional damaged or
 9      outmoded utility poles to newly installed replacement utility
10      poles is within the commission's jurisdiction.
11            (4)   An attached infrastructure owner that chooses to
12      attach infrastructure to a public-utility-owned pole is
13      within the commission's jurisdiction for purposes of
14      subsection (b).
15      (b)   Rulemaking.--The commission shall commence rulemaking to
16   amend 52 Pa. Code Ch. 77 to provide support for the
17   coordination and compensation for pole attachment relocation and
18   removal of damaged or unused utility poles, or remnants thereof,
19   under the control of entities under commission jurisdiction and
20   establish procedures for compensation, indemnification and
21   expeditious removal of an abandoned pole attachment. In
22   commencing the rulemaking, the commission shall, at a minimum,
23   consider the following:
24            (1)   The duration, place and manner of acceptable use of
25      a double utility pole.
26            (2)   A requirement that an attached infrastructure owner
27      register with the commission annually and provide and
28      maintain current contact information for a responsible point
29      of contact and legal service agent in each public utility
30      pole owner's service territory and identify the county, city,

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 1    township and borough where the attached infrastructure owner
 2    has attached facilities on a public-utility-owned pole.
 3        (3)   A procedure to allow a public utility pole owner to
 4    provide reasonable notice to an attached infrastructure owner
 5    of the requirement to migrate facilities to a newly installed
 6    replacement utility pole.
 7        (4)   The establishment of a presumptively reasonable
 8    period for an attached infrastructure owner to migrate
 9    facilities to a newly installed replacement utility pole.
10        (5)   A procedure for a public utility pole owner and the
11    pole owner's contractor to be compensated or indemnified for
12    time, material costs and lost opportunity costs, including
13    enforcement procedures if an attached infrastructure owner
14    fails to act or remit payment in a timely manner, relating to
15    removing and reattaching infrastructure not migrated:
16              (i)    after the presumptively reasonable period has
17        elapsed; or
18              (ii)    in accordance with an order by a governing body
19        that is outside the scope of, or in addition to, a
20        contractual right of indemnification that the pole owner
21        may have via license or joint use agreement.
22        (6)   A procedure for a public utility pole owner to
23    determine that attached facilities have been abandoned and
24    provisions for compensation of the public utility pole owner
25    for the time, material costs and lost opportunity costs
26    relating to the transfer or removal of the abandoned
27    facilities of an attached infrastructure owner due to
28    necessity or in accordance with an order by a governing body.
29        (7)   Authorizing a public utility pole owner to require a
30    surety bond from an attached infrastructure owner to

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 1      reimburse the public utility pole owner for expenses incurred
 2      due to any of the following:
 3                  (i)    The relocation of the attached infrastructure
 4            owner's facilities.
 5                  (ii)    The removal of the attached infrastructure
 6            owner's facilities.
 7                  (iii)   The recertification of a preexisting violation
 8            caused by the attached infrastructure owner to
 9            accommodate a new attachment.
10            (8)   Supporting the expeditious removal of a double
11      utility pole after the removal of all attached
12      infrastructure.
13            (9)   Authorizing the imposition of civil penalties, in
14      accordance with 66 Pa.C.S. § 3301(a) (relating to civil
15      penalties for violations), against attached infrastructure
16      owners that violate the commission's final-form regulations
17      amending 52 Pa. Code Ch. 77 to implement this section.
18      (c)   Rulemaking procedures.--No later than 90 days from the
19   effective date of this subsection, the commission shall commence
20   an advanced notice of proposed rulemaking. No later than 180
21   days from the date of commencement of the advanced notice of
22   proposed rulemaking, the commission shall submit a notice of
23   proposed rulemaking to the Legislative Reference Bureau for
24   publication in the next available issue of the Pennsylvania
25   Bulletin in accordance with the act of July 31, 1968 (P.L.769,
26   No.240), referred to as the Commonwealth Documents Law. No later
27   than 18 months after publication of the notice of proposed
28   rulemaking, the commission shall seek approval of the final-form
29   regulations in accordance with the act of October 15, 1980
30   (P.L.950, No.164), known as the Commonwealth Attorneys Act, and

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 1   the act of June 25, 1982 (P.L.633, No.181), known as the
 2   Regulatory Review Act.
 3      (d)     Nonrecoverable costs.--Costs incurred by a utility to
 4   transfer or remove facilities of third-party attachers under
 5   this section shall not be recoverable from ratepayers if the
 6   costs have been fully recovered from the attachers.
 7      (e)     Definitions.--As used in this section, the following
 8   words and phrases shall have the meanings given to them in this
 9   subsection unless the context clearly indicates otherwise:
10      "Attached infrastructure owner."     Either a public utility
11   defined in section 102 (relating to definitions) attaching
12   infrastructure to another public utility's pole or a nonutility
13   entity attaching infrastructure to the poles of a public
14   utility.
15      "Double utility pole."     An area where a full or remnant part
16   of a damaged or outmoded utility pole remains present or in
17   service after the installation of a newly installed replacement
18   utility pole because the attached electric, telephone, cable or
19   other infrastructure has not migrated from the damaged or
20   outmoded utility pole to the newly installed replacement utility
21   pole. The term includes the situation where attached electric,
22   telephone, cable or other infrastructure has been migrated, but
23   the damaged or outmoded utility pole or remnant thereof remains
24   in place.
25      "Public utility pole owner."     A public utility defined in
26   section 102.
27      Section 2.     This act shall take effect in 60 days.




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