LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7729 NOTE PREPARED: Jan 14, 2025
BILL NUMBER: HB 1480 BILL AMENDED:
SUBJECT: Line Maintenance in Public Rights-of-way.
FIRST AUTHOR: Rep. Davis BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: This bill sets forth minimum standards for the installation and maintenance of
communications service or utility service facilities (facilities) in a public right-of-way. It 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. It also 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. The bill 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. This bill also 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 Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues:
Explanation of Local Expenditures: The bill is silent on how a line pollution violation is to be reported
or establish a process to determine if a violation has occurred. It is assumed this responsibility will be
performed by the county or municipality that regulates the use of public right-of-ways. As a result, local
workload would increase to provide hearings and determine if a violation has occurred. Increases in workload
or expenses from investigations and hearings could be offset with the collection of civil penalties paid by
violators.
HB 1480 1 Explanation of Local Revenues: The bill could increase revenue counties and municipalities receive from
penalties levied against permittees who violate line pollution prohibitions in the bill. The bill establishes a
maximum penalty of $500 per violation per day, with a maximum fine of $2,500 per offense that is to be paid
to the county or municipality that regulates the use of public right-of-ways. Increases in local revenue is
indeterminable.
State Agencies Affected:
Local Agencies Affected: Municipalities
Information Sources:
Fiscal Analyst: Abdul Abdulkadri, 317-232-9852, Bill Brumbach, 317-232-9559.
HB 1480 2