Maine 2023-2024 Regular Session

Maine Senate Bill LD1223

Introduced
3/21/23  
Refer
3/21/23  
Engrossed
6/20/23  
Enrolled
6/20/23  

Caption

An Act to Clarify Insurance in the Joint Use of Public Utility Equipment

Impact

The introduction of LD1223 will affect municipal operations related to shared-use public utility equipment by establishing clear insurance obligations. This change ensures that municipalities take on defined liabilities when utilizing infrastructure owned by utilities, which could influence the cost and administrative responsibilities associated with such arrangements. The implications stretch to operational standards for public entities, requiring municipalities to factor in these insurance costs and regulations when planning infrastructure projects that involve utility cooperation.

Summary

LD1223, also known as 'An Act to Clarify Insurance in the Joint Use of Public Utility Equipment,' aims to set specific insurance requirements for municipalities that attach to shared-use poles owned by utility companies. The legislation mandates that municipalities must purchase and maintain a general liability insurance policy that meets the insurance requirements set by the pole owner, capping the coverage limit at $5,000,000 per occurrence. This requirement is intended to provide clarity and protection for both the municipalities and the pole owners in joint usage scenarios, thereby streamlining operations in public utility services.

Sentiment

General sentiment around LD1223 appears to be practical, focusing on risk management and ensuring that municipalities can operate safely and under defined liability conditions. Supporters see the bill as a necessary step to protect local governments and utility companies from potential legal disputes over liabilities associated with shared utility infrastructure. However, potential concerns may arise about the financial burden placed upon municipalities to maintain adequate insurance coverage, possibly leading to calls for adjustments.

Contention

While LD1223 aims to bring clarity, there may be points of contention regarding the sufficiency of the $5,000,000 coverage limit. Critics might argue that this limit does not adequately protect municipalities in scenarios involving higher risk. Additionally, the bill's repealing clause set for October 1, 2028, raises questions about long-term sustainability and the legislative intent regarding future insurance requirements. Overall, discussions may reflect divergent views on balancing risk management and ensuring that municipal functions are not financially hamstrung by insurance mandates.

Companion Bills

No companion bills found.

Previously Filed As

ME LD2264

An Act to Clarify the Use of Public Equipment on Public Easements

ME HB2109

Exempting public utilities from civil liability relating to the attachment, access, operation, maintenance or removal of law enforcement equipment on any utility pole or other structure that is owned or operated by the public utility.

ME HB2589

Authorizing public utilities and law enforcement agencies to enter into utility pole attachment agreements to allow for the installation of law enforcement equipment on structures located within the public right-of-way and exempting public utilities from civil liability relating thereto.

ME HB05254

An Act Requiring The Public Utilities Regulatory Authority To Amend The Process Of Attaching Equipment To Public Utility Poles.

ME AB111

Wildfire agencies: public utilities: safety and insurance.

ME LD1791

An Act to Make the ConnectMaine Authority Responsible for Attachments to and Joint Use of Utility Poles and to Establish Procedures for Broadband Service Infrastructure Crossing Railroad Tracks

ME HB459

Public Utilities - Street Lighting Equipment - Acquisitions and Reporting (County and Municipal Street Lighting Investment Act)

ME SB37

Public Utilities - Street Lighting Equipment - Acquisitions and Reporting (County and Municipal Street Lighting Investment Act)

ME HB409

Public Utilities - Street Lighting Equipment - Acquisitions and Reporting (County and Municipal Street Lighting Investment Act)

ME HB1943

Relating to liability of certain public utilities that allow certain uses of land that the public utility owns, occupies, or leases.

Similar Bills

No similar bills found.