CCS HS HCS SS SCS SB 369 -- UTILITY ACCESS TO PUBLIC
RIGHTS-OF-WAY

This bill outlines procedures for public utility access to the
public rights-of-way.  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.  In
managing the public right-of-way, a political subdivision may
require construction performance bonds, insurance coverage, or
demonstration of self-insurance.  If the public utility right--
of-way user has $25 million in net assets and does not have a
history of permitting noncompliance within the political
subdivision, then the requirement to post bonds or insurance
will not apply.  Other powers of political subdivisions are
outlined.

After excavation, a right-of-way user must restore the
right-of-way and surrounding areas in accordance with the
standards and conditions of the political subdivision, unless
the political subdivision chooses to perform its own
restoration.  In that case, the public utility right-of-way user
will reimburse the political subdivision for its reasonable
actual restoration costs within 30 days of invoice.  Permittees
will guarantee for 4 years any restoration they make to the
public right-of-way.  Right-of-way permits may be denied or
revoked for specified reasons; a review process for denied or
revoked permits by the governing body of the political
subdivision or a delegated entity 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, except from
cable television service providers as authorized by federal law.

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.  Excavation work in the
public right-of-way will be performed in accordance with
applicable safety and construction codes.

Nothing in the bill:

(1)  Limits a political subdivision's authority to require
public utility right-of-way users to comply with national safety
codes and other applicable zoning and safety ordinances, to the
extent consistent with Public Service Commission laws or
administrative rules;

(2)  Relieves a political subdivision from any obligations under
an existing franchise or relieves a public utility right-of-way
user from the provisions of an existing franchise, franchise
fees, license, or other agreement or permit in effect on May 1,
2001;

(3)  Applies to that portion of an ordinance passed prior to May
1, 2001, that establishes a street degradation fee;

(4)  Limits the authority of county highway engineers or
relieves public utility right-of-way users from any obligations
established in Chapter 229 (provisions relating to all roads),
Chapter 230 (county highway commissions), and Chapter 231
(maintenance of public roads), RSMo;

(5)  Prohibits a political subdivision or public utility
right-of-way user from renewing an existing franchise or
entering into a new franchise, as long as all public utility
right-of-way users have use of the public right-of-way on a
nondiscriminatory basis;

(6)  Prevents a "grandfathered political subdivision" from
enacting new ordinances or amending existing ordinances charging
a fair and reasonable linear foot fee or antenna fee or from
enforcing or renewing an existing linear foot fee, with
specified conditions; or

(7)  Prohibits a political subdivision from enacting or
enforcing an ordinance to require a business license tax, sales
tax, occupation tax, franchise tax or franchise fee, property
tax, or other similar tax, to the extent consistent with federal
law.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am