[First Reprint]

ASSEMBLY, No. 5136

STATE OF NEW JERSEY

222nd LEGISLATURE

 

INTRODUCED MAY 28, 2026

 

 

Sponsored by:

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  KEVIN P. EGAN

District 17 (Middlesex and Somerset)

 

 

 

 

SYNOPSIS

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

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Telecommunications and Utilities Committee on October 5, 2026, with amendments.

  


An Act providing for 1certain1 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: 

     1[“Pathway”] "Communications distribution point" means the nearest existing joint use utility pole, handhole, vault, pedestal, cabinet, or other above ground or underground communications infrastructure from which multiple broadband service providers may reasonably be extended to serve the property.

     "Pathway"1 means a physical route or supporting structure to carry or guide electrical wiring or cables.

     1[“Raceway”] "Raceway"1 means a channel, conduit, or track designed to hold and protect a pathway or other wiring system, and shall 1[be four inches and design to accommodate not less than two broadband providers] consist of a minimum three-inch conduit schedule 40, or a larger size schedule 40 conduit, which conduit is installed in a manner that provides an unobstructed pathway suitable for the future installation, replacement, and maintenance of broadband communications facilities1.

     b.    A developer of any new residential construction 1that falls under Occupancy Group R-2 within the Building Subcode under the State Uniform Construction Code,1 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 1[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] install a continuous raceway, drag line, and end cap from the building's designated communications utility room or telecommunications entrance facility to the nearest existing communications distribution point capable of providing broadband service to the property1.  Installation of raceways shall occur during the normal course of trenching or utility installation associated with the development.  1The raceway shall be dedicated solely for broadband service providers' use and shall remain accessible to broadband service providers on a non-discriminatory basis.1

     c.     A developer of any new residential construction may enter into an agreement with any other party, including 1,1 but not limited to 1,1 any telecommunications utility, to lease or purchase a preexisting raceway in order to meet the requirements of this section, provided, however, that no 1[such]1 agreement shall grant exclusive use or control of the raceway in a manner that would prevent access by at least two broadband 1service1 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 1service1 providers.

 

     2.    This act shall take effect immediately.