HB 472 -- Utility Access to Public Rights-of-Way

Co-Sponsors:  Burton, Miller, O'Connor, Van Zandt, Hegeman, Mays
(50), Griesheimer

This bill outlines excavation and permitting procedures for
public utility right-of-way users.  Political subdivisions may
by ordinance require public utility right-of-way users to obtain
excavation permits and to submit plans for anticipated
construction projects requiring excavation in the public right--
of-way.  After excavation, a right-of-way user must restore the
right-of-way to its prior condition.

Right-of-way permits may be denied or revoked for certain
reasons; a review process of denied or revoked permits by the
governing body of the political subdivision is provided.  Right--
of-way permit fees must reflect the actual costs of managing the
public right-of-way and be allocated among all users in a
nondiscriminatory manner.  Political subdivisions must not
unlawfully discriminate among users of the right-of-way, grant
preference to any right-of-way user over another, or create
unreasonable requirements for access to the right-of-way.
Political subdivisions are prohibited from collecting a right--
of-way fee through the provision of in-kind services by a public
utility right-of-way user.

The public utility right-of-way user is responsible for all acts
or omissions of contractors or subcontractors used for
excavating in the public right-of-way.  Political subdivisions
may require public utilities to obtain right-of-way permits
prior to any excavation or work performed within the public
right-of-way after August 28, 2001.  Nothing in the bill
relieves a political subdivision of any obligations under an
existing franchise.

Missouri House of Representatives
Last Updated September 13, 2001 at 2:02 pm