SB 321 — AN ACT CONCERNING REQUIREMENTS FOR CERTAIN EXCAVATION PROJECTS.

Substitute Senate GeneralBill Assembly File No.

348321 FebruaryPublic Session,Act 2026 Substitute Senate Bill No.

32126-20 Senate,AN AprilACT 2,CONCERNING 2026REQUIREMENTS TheFOR CommitteeCERTAIN onEXCAVATION EnergyPROJECTS. and Technology reported through SEN.

NEEDLEMAN of the 33rd Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING REQUIREMENTS FOR CERTAIN EXCAVATION PROJECTS.

(a)[(a) On or before January 1, [2022]2022, 2027, the Public Utilities Regulatory Authority shall initiate an uncontested proceeding to develop a process for the [constructionconstruction of] approval of any application by a telecommunications service provider or a broadband Internet access service provider to construct underground facilities in [thethe public highways, streets or other public rights-of-way to ensure]ensure atimely publicand highway,nondiscriminatory streetprocedures or other public right-of-way that willaccomplish contain conduit usedexcavations byfor a telecommunications service providerproviders orand a broadband Internet access service provider.providers.

TheUpon processapplication adopted by the authoritybroadband shallInternet provideaccess service providers for timelythe andconstruction nondiscriminatoryof proceduresunderground [thatfacilities accomplish]that concerningwill contain conduit excavations for telecommunications service sSB321providers /or Filebroadband No.Internet access service providers, the Public Utilities Regulatory Authority shall condition any approval of such application on the following:

348(1) 1The sSB321size Fileof No.such conduit shall be consistent with industry best practices and sufficient to accommodate potential demand;

348(2) providersAny handholes and broadbandmanholes Internetfor fiber optic cable access serviceand providers.Substitute Senate Bill No.

Upon321 applicationpulling bywith [the]respect ato telecommunicationseach service provider or a broadband Internet access service [providers] provider for the construction of such undergroundpractice facilities, [that will contain conduit for telecommunications service providers or broadband Internet access service providers,] the Public Utilities Regulatory Authority shall conditionbe anyplaced approvalat ofintervals suchconsistent applicationwith onindustry thebest following:practices;

(1)(3) TheSuch size of such conduit shall be consistentinstalled with industrya bestpull practicestape and sufficientcapabilities toof accommodatesupporting potentialadditional demandfiber foroptic suchcable; services as set forth by the applicant;

(2)(4) AnyThe handholesapplicant andshall manholesnotify fortelecommunications fiberservice opticproviders cableand broadband Internet access andservice pullingproviders withof respectthe toproposed eachexcavation suchto practicereduce shallthe bepotential placedfor atfuture intervalsstreet consistentexcavations within industrythe bestsame practices;location;

(3)(5) SuchAny conduitrequesting shalltelecommunications beservice installedprovider withor abroadband pullInternet tapeaccess andservice [capabilities]provider shall be capableable ofto [supporting]access accommodatingsuch additionalconduit fiberon optica cablecompetitively installedneutral forand usenondiscriminatory bybasis otherand telecommunicationsfor servicea providerscharge andnot broadbandto Internetexceed accessa servicecost-based providers;rate;

[(4)(6) The applicant shall notifyreport telecommunicationsto servicethe providersauthorityupon andcompletion broadband Internet access service providers of theany proposedapproved excavationconstruction toverifying reducethat theit potentialhas forcomplied futurewith street excavations in the sameprovisions location;]of [(5)]this (4)subsection; 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)]and (5)(7) TheAny applicantother shallcondition reportdeemed toprudent and reasonable by the authorityauthority.] upon(a) completion(1) Not less than thirty days before beginning construction of any approvedundergroundfacility constructioninthestate [verifyingthatexceedsfive thathundredfeet it]inlength and certify,that is located in the public highways, streets or other public rights- of-way, a formtelecommunications andmannerprescribedbytheauthority,service thattheapplicantprovider hascompliedor witha broadband Internet access service provider, as applicable, shall submit to the provisionsPublic Utilities Regulatory Authority a notice that includes a description and location of thisthe subsection;proposed facility.

[and]Such (6)notice The applicant shall complybe withsubmitted to the provisionsauthority ofnot sectionless 16-233than concerningfive thedays usebefore ofbeginning suchconstruction undergroundof facilitiesany byother asuch town,underground city,facility. sSB321 / File No.

348(2) 2In sSB321addition Fileto the notice required under subdivision (1) of this section, for any excavation work undertaken with the construction of Public Act No.

34826-20 borough,2 fireof district4 orSubstitute theSenate DepartmentBill ofNo. Transportation;

321 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 (7)a Anylist of any other conditionservice deemedproviders prudentthat andwill reasonableutilize bysuch proposed facility at the authority.time of construction.

(b) ForThe excavationsPublic inUtilities [the]Regulatory anyAuthority stateshall highwaypublish [rights-of-way]information right-submitted of-way,to the applicantauthority shallconcerning complya withproposed [theunderground Departmentfacility pursuant to subsection (a) of Transportation's]this anysection encroachmentin permita processmanner adopteddetermined by the Commissionerauthority ofto Transportation,be includingaccessible to any person or entity that may be interested in installing an underground facility in the paymentarea of anythe applicableproposed fees.underground facility.

[Any[(b)] application(c) forFor constructionexcavations in the publicstate highways,highway streetsrights-of-way, orthe other[applicant] publicprovider rights-of-way shall requirecomply thewith applicant to install a conduit for the benefit of the Department of Transportation,Transportation's asencroachment required by section 16-233.] (c) The Commissioner of Transportation is authorized to lease space, or enter into any other contract or agreement to permit accessprocess, toincluding such space, in any conduit installed by the Departmentpayment of Transportation [in the public highways, streets or other public rights-of-way] pursuant to the provisions of this section or section 16-233 in, under or over any publicapplicable highway,fees. street or other public right-of-way on such terms and conditions, and for any purpose, deemed to be in the public interest by [said] the commissioner.

(d)Any Nothingapplication infor thisconstruction sectionin shallthe bepublic construedhighways, tostreets limitor theother usepublic ofrights-of-way conduitshall byrequire the Departmentapplicant ofto Transportationinstall ona [publicconduit highways,for streetsorthe otherbenefit publicrights-of-way]anyof publichighway,streetthe orDepartment otherof publicTransportation, right-of-way as otherwiserequired permitted by law.section 16-233.

(e)Such [Allconduit telecommunicationsshall servicebe providersinstalled andwith broadbandone Internetpull accesstape serviceper providersinch thatof are]diameter Anyof telecommunicationssuch serviceconduit provider or broadband Internet access service provider authorized by the authority to install facilities in, under or over [the public highways, streets or other public rights-of-way] any public highway, street or other public right-of-way shall obey, observe and complybe withcapable this section and [each] any applicable order [made by] of theaccommodating authorityadditional [withfiber respectoptic to]cable concerninginstalled undergroundfor conduit.such purpose.

[Failure][(c)] (d) The authorityCommissioner mayof imposeTransportation ais civilauthorized penaltyto pursuantlease space, or enter into any other contract or agreement to permit access to such space, in any conduit installed by the sSB321Department /of FileTransportation No.in the public highways, streets or other public rights-of- way on such terms and conditions, and for any purpose, deemed to be in the public interest by said commissioner.

348[(d)] 3(e) sSB321Nothing Filein this section shall be construed to limit the use of conduit by the Department of Transportation on public highways, Public Act No.

34826-20 provisions3 of section4 16-41Substitute againstSenate anyBill telecommunicationsNo. service provider or broadband Internet access service provider that fails to comply with the provisions of this section or [applicable orders of the authority may result in a civil penalty levied by the authority in accordance with section 16-41.

Any]321 streets or other public rights-of-way as otherwise permitted by law or prevent a telecommunications service provider or broadband Internet access service provider from constructing an underground facility if such service provider receives any orderapplicable ofpermit therequired authorityfor madesuch pursuantconstruction tounder thisany section.applicable provision of law.

No[(e)] such(f) [fines]All civiltelecommunications penaltyservice providers and broadband Internet access service providers that are authorized by the authority to install facilities in, under or over the public highways, streets or other public rights-of-way shall [not]obey, beobserve recoverableand costscomply inwith anythis ratesection proceedingand conductedeach applicable order made by the authority.authority with respect to underground conduit.

ThisFailure actto shallcomply takewith effectthis assection followsor andapplicable shallorders amendof the followingauthority sections:may result in a civil penalty levied by the authority in accordance with section 16-41.

SectionAny 1such Octoberfines 1,shall 2026not 16-330gbe ETrecoverable Jointcosts Favorablein Subst.any rate proceeding conducted by the authority.

sSB321Governor's /Action: File No.

348Approved 4May sSB32120, File2026 Public Act No.

34826-20 The4 following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the4 members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill requires the Public Utilities Regulatory Authority (PURA) to develop a process for telecommunications service providers and broadband Internet access service providers to apply for approval to build underground facilities in various locations.

This does not result in a cost to PURA as they have a similar process in place and have the staff and expertise necessary to complete the requirements of the bill.

The Out Years State Impact: