Connecticut SB 321: AN ACT CONCERNING REQUIREMENTS FOR CERTAIN EXCAVATION PROJECTS.

Bill Text

Substitute Senate Bill No. 321 
 
Public Act No. 26-20 
 
 
AN     ACT     CONCERNING     REQUIREMENTS     FOR     CERTAIN 
EXCAVATION PROJECTS. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly convened: 
 
Section 1. Section 16-330g of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective October 1, 2026): 
[(a)  On  or  before  January  1,  2022,  the  Public  Utilities  Regulatory 
Authority shall initiate an uncontested proceeding to develop a process 
for the construction of facilities in the public highways, streets or other 
public    rights-of-way    to    ensure    timely    and    nondiscriminatory 
procedures that accomplish conduit excavations for 
telecommunications  service  providers  and  broadband  Internet  access 
service  providers.  Upon  application  by  the  broadband  Internet  access 
service providers for the construction of underground facilities that will 
contain conduit for telecommunications service providers or broadband 
Internet   access   service   providers,   the   Public   Utilities   Regulatory 
Authority  shall  condition  any  approval  of  such  application  on  the 
following: 
(1) The  size  of  such  conduit  shall  be  consistent  with  industry  best 
practices and sufficient to accommodate potential demand; 
(2) Any  handholes  and  manholes  for  fiber  optic  cable  access  and 

Substitute Senate Bill No. 321 
 
Public Act No. 26-20 2 of 4 
 
pulling  with  respect  to  each  such  practice  shall  be  placed  at  intervals 
consistent with industry best practices; 
(3) Such conduit shall be installed with a pull tape and capabilities of 
supporting additional fiber optic cable; 
(4) The  applicant  shall  notify  telecommunications  service  providers 
and  broadband  Internet  access  service  providers  of  the  proposed 
excavation  to  reduce  the  potential  for  future  street  excavations  in  the 
same location; 
(5) Any requesting    telecommunications    service    provider    or 
broadband Internet access service provider shall be able to access such 
conduit on a competitively neutral and nondiscriminatory basis and for 
a charge not to exceed a cost-based rate; 
(6) The applicant shall report to the authority upon completion of any 
approved   construction   verifying   that   it   has   complied   with   the 
provisions of this subsection; and 
(7) Any  other  condition  deemed  prudent  and  reasonable  by  the 
authority.] 
(a) (1) Not less than thirty days before beginning construction of any 
underground facility in the state that exceeds five hundred feet in length 
and that is located in the public highways, streets or other public rights-
of-way, a telecommunications service provider or a broadband Internet 
access service provider, as applicable, shall submit to the Public Utilities 
Regulatory Authority a notice that includes a description and location 
of the proposed facility. Such notice shall be submitted to the authority 
not less than five days before beginning construction of any other such 
underground facility. 
(2)  In  addition  to  the  notice  required  under  subdivision  (1)  of  this 
section,  for  any  excavation  work  undertaken  with  the  construction  of 

Substitute Senate Bill No. 321 
 
Public Act No. 26-20 3 of 4 
 
any   underground   facility   in   the   state   highway   rights-of-way,  the 
provider  shall  submit  notice  to  the  Department  of  Transportation  that 
includes   a   description   of   the   proposed   underground   facility,   the 
location  of  such  proposed  facility  and  a  list  of  any  other  service 
providers   that   will   utilize   such   proposed   facility   at   the   time   of 
construction. 
(b)    The    Public    Utilities    Regulatory    Authority    shall    publish 
information   submitted   to   the   authority   concerning   a   proposed 
underground  facility  pursuant  to  subsection  (a)  of  this  section  in  a 
manner  determined  by  the  authority  to  be  accessible  to  any  person or 
entity that may be interested in installing an underground facility in the 
area of the proposed underground facility. 
[(b)] (c) For  excavations  in  the  state  highway  rights-of-way,  the 
[applicant] provider shall    comply    with    the    Department    of 
Transportation's encroachment permit process, including the payment 
of  any  applicable  fees.  Any  application  for  construction  in  the  public 
highways,   streets   or   other   public   rights-of-way   shall   require   the 
applicant  to  install  a  conduit  for  the  benefit  of  the  Department  of 
Transportation,  as  required  by  section  16-233. Such  conduit  shall  be 
installed with one pull tape per inch of diameter of such conduit and be 
capable of accommodating additional fiber optic cable installed for such 
purpose. 
[(c)] (d) The  Commissioner  of  Transportation  is  authorized  to  lease 
space, o