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S4355
SENATE, No. 4355
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Senator� KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
Senator� BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
���� Requires notice prior to utility pole placement and
removal.
CURRENT VERSION OF TEXT
���� As introduced.
��
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.