A BILL FOR AN ACT to amend the Indiana Code concerning utilities.

Plain English Breakdown

Checked against official source text during the last sync.

Rules for Utilities in Public Areas

This bill sets rules for companies that install and maintain communication or utility service facilities in public areas like streets.

What This Bill Does

• Sets minimum standards for installing and maintaining communication or utility service facilities in public rights-of-way.
• Defines a 'permittee' as someone who gets permission to put up these facilities or is responsible for keeping them maintained.
• Outlines what counts as a 'line pollution violation', which includes not following the rules set by the bill or having damaged, abandoned, loose, or improperly secured facilities in public rights-of-way.
• Makes permittees pay fines if they cause line pollution violations, with limits on how much they can be fined per day and overall.
• Requires permittees to make sure anyone working on underground facilities follows Indiana's rules about underground utility facilities and any local regulations.

Who It Names or Affects

• Companies that install or maintain communication or utility service facilities in public rights-of-way.
• Local units (like cities) that own the public right-of-ways where these facilities are installed.

Terms To Know

permittee

A person who gets permission to install a facility or is responsible for maintaining it in a public right-of-way.

line pollution violation

A violation by a permittee involving noncompliance with standards or the presence of damaged, abandoned, loose, or improperly secured facilities within a public right-of-way.

Limits and Unknowns

• The bill does not specify how fines will be enforced or collected.
• It is unclear what happens if a permittee fails to ensure compliance with local regulations and statutes regarding underground utility work.

Official Summary Text

A BILL FOR AN ACT to amend the Indiana Code concerning utilities.
Line maintenance in public rights-of-way.

Current Bill Text

A BILL FOR AN ACT to amend the Indiana Code concerning utilities.

Line maintenance in public rights-of-way.

Sets forth minimum standards and requirements for the installation and maintenance of communications service or utility service facilities (facilities) in a public right-of-way. Defines a "permittee" as: (1) a person to whom an initial permit or authorization for the installation of a facility in a public right-of-way is granted by a unit; or (2) a service provider responsible for maintaining a facility that has been installed in a public right-of-way. Defines a "line pollution violation" as a violation attributable to a permittee and involving: (1) noncompliance with any standard or requirement set forth in the bill; or (2) the presence of any damaged, abandoned, loose, or improperly secured facilities within a public right-of-way. Provides that a permittee responsible for a line pollution violation is liable to the unit owning the public right-of-way for a fine in an amount determined by the unit, but not to exceed: (1) $500 per violation for each day the violation remains uncured; or (2) a total fine of $2,500. Requires a permittee to ensure that any person responsible for installing, replacing, relocating, or repairing any underground facility that is owned or operated by the permittee and located within a public right-of-way complies with the requirements set forth in: (1) Indiana's statute concerning underground utility facilities; and (2) any applicable local ordinance or regulation; with respect to any work involving drilling, trenching, boring, hand digging, or plowing.