HB 1041

Bill Subjects

Local Government; Contracts, Procurements, And Purchases Local Government; Generally Transportation; Infrastructure; Highways, Roads, And Streets Utilities; Generally

Abstract

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.