Introduced Version
HOUSE BILL No. 1480
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-26.6.
Synopsis: Line maintenance in public rights-of-way. Sets forth
minimum standards 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 other 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
involving: (1) noncompliance with any standard set forth in the bill's
provisions for the installation and maintenance of a facility in a public
right-of-way; or (2) the presence of any damaged, abandoned, loose, or
improperly secured facilities within a public right-of-way; attributable
to a permittee. 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 line pollution 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.
Effective: July 1, 2025.
Davis, Greene
January 21, 2025, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
2025 IN 1480—LS 7729/DI 101 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1480
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-1-26.6 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 26.6. Line Maintenance in Public Rights-of-Way; Line
5 Pollution Violations
6 Sec. 1. This chapter applies to:
7 (1) an initial installation of facilities in a public right-of way;
8 and
9 (2) the ongoing maintenance of facilities located in a public
10 right-of-way.
11 Sec. 2. As used in this chapter, "facility" means any:
12 (1) line;
13 (2) cable;
14 (3) conduit;
15 (4) housing;
16 (5) structure; or
17 (6) other equipment;
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1 used in furnishing communications service (as defined in
2 IC 8-1-32.5-3) or utility service to the public.
3 Sec. 3. As used in this chapter, "line pollution violation" means
4 a violation involving:
5 (1) noncompliance with any standard set forth in section 6 of
6 this chapter for the installation and maintenance of a facility
7 in a public right-of-way; or
8 (2) the presence of any damaged, abandoned, loose, or
9 improperly secured facilities within a public right-of-way;
10 attributable to a permittee.
11 Sec. 4. (a) As used in this chapter, "permittee" refers to:
12 (1) a person to whom an initial permit or other authorization
13 for the installation of a facility in a public right-of-way is
14 granted by a unit; or
15 (2) a service provider responsible for maintaining a facility
16 that has been installed in a public right-of-way;
17 as the context requires.
18 (b) The term includes an agent of a person described in
19 subsection (a)(1) or (a)(2).
20 Sec. 5. As used in this chapter, "unit" means a:
21 (1) county; or
22 (2) municipality (as defined in IC 36-1-2-11);
23 authorized by IC 8-1-2-101 to regulate the occupation and use of
24 a public right-of-way.
25 Sec. 6. Notwithstanding IC 8-1-2-101(a), the following minimum
26 standards apply to the installation and maintenance of a facility in
27 a public right-of-way:
28 (1) The installation, placement, and storage of cables and
29 conduit in a public right-of-way must comply with all
30 applicable federal, state, and local laws, regulations, and
31 guidelines.
32 (2) Aerial cables must be properly secured overhead and may
33 not hang loose or be placed at ground level. Cables that are
34 abandoned or inactive must be removed and properly
35 disposed of.
36 (3) Cables transitioning from an overhead placement to an
37 underground placement must be secured in proper pole riser
38 guards, with no loose cables hanging overhead.
39 (4) Conduit rising out of the ground at a pole must be fastened
40 to the bottom of the pole and may not be allowed to dangle or
41 sway.
42 (5) Conduit that:
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1 (A) rises out of the ground; and
2 (B) is not secured:
3 (i) to a pole; or
4 (ii) in a structure;
5 may not lie loose on the ground. Upon discovering or
6 receiving notice of the presence of unsecured conduit in the
7 right-of-way, the permittee shall place proper barriers around
8 the conduit to prevent potential hazards until the conduit can
9 be placed in proper facilities. Not later than fourteen (14) days
10 after receiving notice of the presence of unsecured conduit in
11 the right-of-way, the permittee shall cause the conduit to be
12 placed in proper facilities.
13 (6) Structures buried in hand holes and vaults must be
14 installed at grade and must be in working condition. Upon
15 discovering or receiving notice of any damaged structure, the
16 permittee shall secure the structure and place proper barriers
17 around the structure to prevent harm to the public until the
18 structure can be repaired or replaced. Not later than fourteen
19 (14) days after receiving notice of a damaged structure, the
20 permittee shall cause the structure to be repaired or replaced.
21 (7) Vertical structures, including:
22 (A) pedestals;
23 (B) cable housing units; and
24 (C) cabinets;
25 that are damaged or inoperable must be replaced or removed.
26 Upon discovering or receiving notice of a damaged or
27 inoperable vertical structure, the permittee shall secure the
28 vertical structure and place proper barriers around the
29 structure to prevent harm to the public until the vertical
30 structure can be replaced or removed. Not later than fourteen
31 (14) days after receiving notice of a damaged or inoperable
32 vertical structure, the permittee shall cause the damaged or
33 inoperable structure to be replaced or removed.
34 Sec. 7. A permittee responsible for a line pollution violation is
35 liable to the unit owning the public right-of-way for a fine in an
36 amount determined by the unit, but not to exceed five hundred
37 dollars ($500) per violation for each day the line pollution violation
38 remains uncured after any date of compliance required by the unit.
39 The total amount of a fine imposed by a unit under this section for
40 an uncured violation may not exceed two thousand five hundred
41 dollars ($2,500).
42 Sec. 8. (a) This chapter shall not be construed to limit or restrict
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1 the authority of a unit to:
2 (1) impose more stringent standards for the installation and
3 maintenance of a facility in a public right-of-way than the
4 standards set forth in section 6 of this chapter; or
5 (2) otherwise regulate the occupation and use of a public
6 right-of-way under IC 8-1-2-101.
7 (b) This chapter does not abrogate or limit a permittee's duty to
8 comply with any relevant provisions of IC 8-1-26 with respect to
9 underground facilities owned or operated by the permittee. A
10 permittee shall ensure that any agent, contractor, excavator, or
11 other person responsible for installing, replacing, relocating, or
12 repairing any underground facility that is owned or operated by
13 the permittee and located within a public right-of-way complies
14 with the requirements set forth in:
15 (1) IC 8-1-26-20; and
16 (2) any applicable local ordinance or regulation;
17 with respect to any work involving drilling, trenching, boring, hand
18 digging, or plowing.
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