HB 1162 -- Utility Access to Public Rights-of-Way

Sponsor:  Burton

This bill outlines excavation and permitting procedures for
public utility rights-of-way users.  Political subdivisions may
by ordinance require public utility rights-of-way users to
obtain excavation permits and require public utility rights-of--
way users to submit plans for anticipated construction projects
requiring excavation in the public right-of-way.  After
excavation, a right-of-way user must restore the public right--
of-way to its prior condition.

Right-of-way permits may be denied or revoked for certain
reasons; a review process of denied or revoked permits by the
governing body of the political subdivision is provided.  Right--
of-way permit fees must reflect the actual costs of managing the
public rights-of-way and be allocated among all users of the
public right-of-way in a nondiscriminatory manner.  Political
subdivisions must not unlawfully discriminate among users of the
rights-of-way, grant preference to any right-of-way user over
another, or create unreasonable requirements for access to the
rights-of-way.  Political subdivisions are prohibited from
collecting a right-of-way fee through the provision of in-kind
services by a public utility right-of-way user.

The public utility right-of-way user is responsible for all acts
or omissions of contractors or subcontractors used for
excavating in the public right-of-way.  Political subdivisions
may require public utilities to obtain right-of-way permits
prior to any excavation or work performed within the public
right-of-way after August 28, 2000.  Nothing in this bill
relieves a political subdivision of any obligations under an
existing franchise.