Requires all new residential construction to have pre-installed sufficient raceways to allow post-construction broadband cable deployment.

A5136

ASSEMBLY, No. 5136

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 28, 2026

Sponsored by:

Assemblyman� WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Requires all new residential construction to have
pre-installed sufficient raceways to allow post-construction broadband cable
deployment.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

providing for
new
residential construction
standards to permit post-construction cable
deployment and

supplementing P.L.1975,
c.217 (C.52:27D-119 et seq.).

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

����

���� 1.��� a.� As used in this
section:

���� �Pathway� means a physical
route or supporting structure to carry or guide electrical wiring or cables.

���� �Raceway� means a channel,
conduit, or track designed to hold and protect a pathway or other wiring system,

and shall be four inches and design to
accommodate not less than two broadband providers.

���� b.��� A developer of any new residential
construction for which an application for a construction permit has not been
declared complete by the enforcing agency before the effective date of P.L. , c. (C. ) (pending
before the Legislature as this bill), shall be required to provide notice to
the majority incumbent local exchange carrier of the area requesting
installation of raceways

to be available for
deployment of cables to allow for physical broadband connections to the new
residential construction. Installation of raceways shall occur during the
normal course of trenching or utility installation associated with the
development.

���� c.���� A developer of any new
residential construction may enter into an agreement with any other party,
including but not limited to any telecommunications utility, to lease or
purchase a preexisting raceway in order to meet the requirements of this
section, provided, however, that no such agreement shall grant exclusive use or
control of the raceway in a manner that would prevent access by at least two
broadband providers in a non-discriminatory manner.

���� d.��� The Commissioner of
Community Affairs shall adopt, pursuant to section 5 of the "State Uniform
Construction Code Act," P.L.1975, c.217 (C.52:27D-123) and the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
rules and regulations establishing standards for the design, installation, and adequacy
of raceways for new residential construction, including minimum sizing and
access requirements sufficient to support multiple broadband providers.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires a developer
of any new residential construction, for which an application for a
construction permit has not been declared complete by the enforcing agency, to
ensure the installation of raceways to be available for deployment of cables to
allow for physical broadband connections to the new residential construction.

���� This bill specifies that
raceways are to be four inches in size and design to accommodate at least two
broadband providers and must be made available in a non-discriminatory manner.

���� The bill specifies that a developer
of any new residential construction may enter into an agreement with any other
party, including but not limited to any telecommunications utility, to lease or
purchase an easement to use a preexisting raceway in order to meet the bill�s
requirements,

however, such agreement is not
to grant exclusive control that would limit access by other providers
.

���� The bill directs the
Commissioner of Community Affairs to adopt rules and regulations as necessary
to establish standards for the design, installation, adequacy, and
accessibility, including minimum sizing and access requirements sufficient to
support multiple broadband providers, of raceways for new residential construction.