HB 3679

Abstract

Creates the Crossing of Electric Utility Property Act. Requires a public utility to provide an expedited review and grant of a crossing application and may not unreasonably withhold an allowance for a crossing, unless a public utility provides a reasonable justification that the crossing will impair or harm the right-of-way. Authorizes an occupant to commence use of a crossing within 90 days after meeting the following conditions: (i) notice is sent to the public utility that occupant owns or controls land on both sides of the public utility property and that a crossing is reasonably required to expand or maintain operations on the occupant's property or to benefit the public; (ii) provides to the public utility engineering specifications to demonstrate that the proposed crossing will not impair the public utility's occupancy and use of the right-of-way; (iii) affirms to the public utility that the occupant must maintain and repair the owner's own crossing and must bear responsibility for the owner's own acts and omissions concerning use of the crossing; and (iv) provides to the public utility a payment for establishment of the crossing and the first year of crossing fees. Prohibits a public from unreasonably denying a crossing and lists conditions that make a denial unreasonable. Requires that the occupant provide the public utility reasonable access to the crossing to inspect and monitor, and the occupant provide engineering studies that demonstrate that the crossing will not reasonably interrupt or impair the public utility's right-of-way.