Indiana 2025 Regular Session

Indiana House Bill HB1480 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1480
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1-26.6.
7	7	Synopsis: Line maintenance in public rights-of-way. Sets forth
8	8	minimum standards for the installation and maintenance of
9	9	communications service or utility service facilities (facilities) in a
10	10	public right-of-way. Defines a "permittee" as: (1) a person to whom an
11	11	initial permit or other authorization for the installation of a facility in
12	12	a public right-of-way is granted by a unit; or (2) a service provider
13	13	responsible for maintaining a facility that has been installed in a public
14	14	right-of-way. Defines a "line pollution violation" as a violation
15	15	involving: (1) noncompliance with any standard set forth in the bill's
16	16	provisions for the installation and maintenance of a facility in a public
17	17	right-of-way; or (2) the presence of any damaged, abandoned, loose, or
18	18	improperly secured facilities within a public right-of-way; attributable
19	19	to a permittee. Provides that a permittee responsible for a line pollution
20	20	violation is liable to the unit owning the public right-of-way for a fine
21	21	in an amount determined by the unit, but not to exceed: (1) $500 per
22	22	violation for each day the line pollution violation remains uncured; or
23	23	(2) a total fine of $2,500. Requires a permittee to ensure that any
24	24	person responsible for installing, replacing, relocating, or repairing any
25	25	underground facility that is owned or operated by the permittee and
26	26	located within a public right-of-way complies with the requirements set
27	27	forth in: (1) Indiana's statute concerning underground utility facilities;
28	28	and (2) any applicable local ordinance or regulation; with respect to
29	29	any work involving drilling, trenching, boring, hand digging, or
30	30	plowing.
31	31	Effective: July 1, 2025.
32	32	Davis, Greene
33	33	January 21, 2025, read first time and referred to Committee on Utilities, Energy and
34	34	Telecommunications.
35	35	2025 IN 1480—LS 7729/DI 101 Introduced
36	36	First Regular Session of the 124th General Assembly (2025)
37	37	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
38	38	Constitution) is being amended, the text of the existing provision will appear in this style type,
39	39	additions will appear in this style type, and deletions will appear in this style type.
40	40	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
41	41	provision adopted), the text of the new provision will appear in this style type. Also, the
42	42	word NEW will appear in that style type in the introductory clause of each SECTION that adds
43	43	a new provision to the Indiana Code or the Indiana Constitution.
44	44	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
45	45	between statutes enacted by the 2024 Regular Session of the General Assembly.
46	46	HOUSE BILL No. 1480
47	47	A BILL FOR AN ACT to amend the Indiana Code concerning
48	48	utilities.
49	49	Be it enacted by the General Assembly of the State of Indiana:
50	50	1 SECTION 1. IC 8-1-26.6 IS ADDED TO THE INDIANA CODE
51	51	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
52	52	3 JULY 1, 2025]:
53	53	4 Chapter 26.6. Line Maintenance in Public Rights-of-Way; Line
54	54	5 Pollution Violations
55	55	6 Sec. 1. This chapter applies to:
56	56	7 (1) an initial installation of facilities in a public right-of way;
57	57	8 and
58	58	9 (2) the ongoing maintenance of facilities located in a public
59	59	10 right-of-way.
60	60	11 Sec. 2. As used in this chapter, "facility" means any:
61	61	12 (1) line;
62	62	13 (2) cable;
63	63	14 (3) conduit;
64	64	15 (4) housing;
65	65	16 (5) structure; or
66	66	17 (6) other equipment;
67	67	2025 IN 1480—LS 7729/DI 101 2
68	68	1 used in furnishing communications service (as defined in
69	69	2 IC 8-1-32.5-3) or utility service to the public.
70	70	3 Sec. 3. As used in this chapter, "line pollution violation" means
71	71	4 a violation involving:
72	72	5 (1) noncompliance with any standard set forth in section 6 of
73	73	6 this chapter for the installation and maintenance of a facility
74	74	7 in a public right-of-way; or
75	75	8 (2) the presence of any damaged, abandoned, loose, or
76	76	9 improperly secured facilities within a public right-of-way;
77	77	10 attributable to a permittee.
78	78	11 Sec. 4. (a) As used in this chapter, "permittee" refers to:
79	79	12 (1) a person to whom an initial permit or other authorization
80	80	13 for the installation of a facility in a public right-of-way is
81	81	14 granted by a unit; or
82	82	15 (2) a service provider responsible for maintaining a facility
83	83	16 that has been installed in a public right-of-way;
84	84	17 as the context requires.
85	85	18 (b) The term includes an agent of a person described in
86	86	19 subsection (a)(1) or (a)(2).
87	87	20 Sec. 5. As used in this chapter, "unit" means a:
88	88	21 (1) county; or
89	89	22 (2) municipality (as defined in IC 36-1-2-11);
90	90	23 authorized by IC 8-1-2-101 to regulate the occupation and use of
91	91	24 a public right-of-way.
92	92	25 Sec. 6. Notwithstanding IC 8-1-2-101(a), the following minimum
93	93	26 standards apply to the installation and maintenance of a facility in
94	94	27 a public right-of-way:
95	95	28 (1) The installation, placement, and storage of cables and
96	96	29 conduit in a public right-of-way must comply with all
97	97	30 applicable federal, state, and local laws, regulations, and
98	98	31 guidelines.
99	99	32 (2) Aerial cables must be properly secured overhead and may
100	100	33 not hang loose or be placed at ground level. Cables that are
101	101	34 abandoned or inactive must be removed and properly
102	102	35 disposed of.
103	103	36 (3) Cables transitioning from an overhead placement to an
104	104	37 underground placement must be secured in proper pole riser
105	105	38 guards, with no loose cables hanging overhead.
106	106	39 (4) Conduit rising out of the ground at a pole must be fastened
107	107	40 to the bottom of the pole and may not be allowed to dangle or
108	108	41 sway.
109	109	42 (5) Conduit that:
110	110	2025 IN 1480—LS 7729/DI 101 3
111	111	1 (A) rises out of the ground; and
112	112	2 (B) is not secured:
113	113	3 (i) to a pole; or
114	114	4 (ii) in a structure;
115	115	5 may not lie loose on the ground. Upon discovering or
116	116	6 receiving notice of the presence of unsecured conduit in the
117	117	7 right-of-way, the permittee shall place proper barriers around
118	118	8 the conduit to prevent potential hazards until the conduit can
119	119	9 be placed in proper facilities. Not later than fourteen (14) days
120	120	10 after receiving notice of the presence of unsecured conduit in
121	121	11 the right-of-way, the permittee shall cause the conduit to be
122	122	12 placed in proper facilities.
123	123	13 (6) Structures buried in hand holes and vaults must be
124	124	14 installed at grade and must be in working condition. Upon
125	125	15 discovering or receiving notice of any damaged structure, the
126	126	16 permittee shall secure the structure and place proper barriers
127	127	17 around the structure to prevent harm to the public until the
128	128	18 structure can be repaired or replaced. Not later than fourteen
129	129	19 (14) days after receiving notice of a damaged structure, the
130	130	20 permittee shall cause the structure to be repaired or replaced.
131	131	21 (7) Vertical structures, including:
132	132	22 (A) pedestals;
133	133	23 (B) cable housing units; and
134	134	24 (C) cabinets;
135	135	25 that are damaged or inoperable must be replaced or removed.
136	136	26 Upon discovering or receiving notice of a damaged or
137	137	27 inoperable vertical structure, the permittee shall secure the
138	138	28 vertical structure and place proper barriers around the
139	139	29 structure to prevent harm to the public until the vertical
140	140	30 structure can be replaced or removed. Not later than fourteen
141	141	31 (14) days after receiving notice of a damaged or inoperable
142	142	32 vertical structure, the permittee shall cause the damaged or
143	143	33 inoperable structure to be replaced or removed.
144	144	34 Sec. 7. A permittee responsible for a line pollution violation is
145	145	35 liable to the unit owning the public right-of-way for a fine in an
146	146	36 amount determined by the unit, but not to exceed five hundred
147	147	37 dollars ($500) per violation for each day the line pollution violation
148	148	38 remains uncured after any date of compliance required by the unit.
149	149	39 The total amount of a fine imposed by a unit under this section for
150	150	40 an uncured violation may not exceed two thousand five hundred
151	151	41 dollars ($2,500).
152	152	42 Sec. 8. (a) This chapter shall not be construed to limit or restrict
153	153	2025 IN 1480—LS 7729/DI 101 4
154	154	1 the authority of a unit to:
155	155	2 (1) impose more stringent standards for the installation and
156	156	3 maintenance of a facility in a public right-of-way than the
157	157	4 standards set forth in section 6 of this chapter; or
158	158	5 (2) otherwise regulate the occupation and use of a public
159	159	6 right-of-way under IC 8-1-2-101.
160	160	7 (b) This chapter does not abrogate or limit a permittee's duty to
161	161	8 comply with any relevant provisions of IC 8-1-26 with respect to
162	162	9 underground facilities owned or operated by the permittee. A
163	163	10 permittee shall ensure that any agent, contractor, excavator, or
164	164	11 other person responsible for installing, replacing, relocating, or
165	165	12 repairing any underground facility that is owned or operated by
166	166	13 the permittee and located within a public right-of-way complies
167	167	14 with the requirements set forth in:
168	168	15 (1) IC 8-1-26-20; and
169	169	16 (2) any applicable local ordinance or regulation;
170	170	17 with respect to any work involving drilling, trenching, boring, hand
171	171	18 digging, or plowing.
172	172	2025 IN 1480—LS 7729/DI 101