A5136: Requires certain new residential construction to have pre-installed sufficient raceways to allow…

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.