PRINTER'S NO. 715
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 699
Session of
2025
INTRODUCED BY RYNCAVAGE, GREINER, PROBST, CIRESI, KENYATTA,
STENDER, PUGH, GAYDOS, KUTZ, IRVIN, COOPER, FRITZ, MAJOR,
PICKETT, BOROWSKI, WATRO, MULLINS, FLICK AND STEELE,
FEBRUARY 21, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, FEBRUARY 21, 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 under
4 this section shall not be recoverable from ratepayers.
5 (e) Definitions.--As used in this section, the following
6 words and phrases shall have the meanings given to them in this
7 subsection unless the context clearly indicates otherwise:
8 "Attached infrastructure owner." Either a public utility
9 defined in section 102 (relating to definitions) attaching
10 infrastructure to another public utility's pole or a nonutility
11 entity attaching infrastructure to the poles of a public
12 utility.
13 "Double utility pole." An area where a full or remnant part
14 of a damaged or outmoded utility pole remains present or in
15 service after the installation of a newly installed replacement
16 utility pole because the attached electric, telephone, cable or
17 other infrastructure has not migrated from the damaged or
18 outmoded utility pole to the newly installed replacement utility
19 pole. The term includes the situation where attached electric,
20 telephone, cable or other infrastructure has been migrated, but
21 the damaged or outmoded utility pole or remnant thereof remains
22 in place.
23 "Public utility pole owner." A public utility defined in
24 section 102.
25 Section 2. This act shall take effect in 60 days.
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