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Enrolled House Bill (H)

DIGEST

Various utility matters. Exempts a contract for the lease of state property under which no state expenditures are required from provisions: (1) requiring certain disclosures and certifications by a prospective state contractor regarding violations of Indiana telephone solicitation and automated calling statutes; (2) regarding cancellation of public purchasing contracts due to lack of funds; (3) regarding state contractor use of the E-Verify program; and (4) prohibiting state contractor employment of unauthorized aliens. Establishes a calculation for determining nondiscriminatory, just, and reasonable rental fees charged by: (1) rural electric cooperatives; and (2) municipalities providing electric service; that own or control electric Various utility matters. Exempts a contract for the lease of state property under which no state expenditures are required from provisions: (1) requiring certain disclosures and certifications by a prospective state contractor regarding violations of Indiana telephone solicitation and automated calling statutes; (2) regarding cancellation of public purchasing contracts due to lack of funds; (3) regarding state contractor use of the E-Verify program; and (4) prohibiting state contractor employment of unauthorized aliens. Establishes a calculation for determining nondiscriminatory, just, and reasonable rental fees charged by: (1) rural electric cooperatives; and (2) municipalities providing electric service; that own or control electric distribution poles for attachments to those poles by cable operators. Sets forth rights and duties of pole owners and attaching entities with respect to: (1) unauthorized pole attachments; and (2) pole attachment transfers and relocations. Provides that the Indiana utility regulatory commission (IURC) may not require a communications service provider to: (1) file a tariff; or (2) report to the IURC any information that is: (A) available to the public on the communications service provider's Internet web site; (B) filed with the FCC; or (C) otherwise available to the public; except as required by the IURC to respond to consumer complaints or information requests from the general assembly. Makes the following changes to the statute concerning permits for wireless service providers: (1) Amends the factors that must exist for a permit authority to prohibit the placement of a new utility pole or wireless support structure in connection with the construction, placement, or use of a small cell facility in areas designated strictly for underground or buried utilities. (2) Provides that neighborhood associations, homeowners associations, and homeowners may request to be notified of applications by communications service providers for certain permitted uses of the rights-of-way in those designated areas, in addition to requesting notice of applications for new utility poles or new wireless support structures (as provided under current law). (3) Sets forth a procedure by which a permit authority may elect to collaborate with a neighborhood association or a homeowners association to adopt neighborhood specific guidelines on the preferred location and reasonable aesthetics of new utility poles or new wireless support structures within the neighborhood association's or homeowners association's jurisdiction. (4) Provides that a permit authority may not impose: (A) a restriction on maximum height of a wireless support structure, subject to certain federal regulations and state laws; or (B) a requirement regarding minimum separation distances between wireless support structures. Provides that a tariff filed with the IURC by a communications service provider is effective upon filing. Provides that a communications service provider may access public rights-of-way under the control of a county or municipality to the same extent as a public utility. Provides that a video service provider is not required to provide the IURC with information describing the provider's programming, including the provider's channel lineups or channel guides. Exempts a political subdivision's disposal of property by sale, exchange, transfer, or lease of the property to a public utility or a communications service provider from certain provisions regarding disposal of property by a political subdivision. Provides an exemption to the public works law for certain work done by the employees of a conservancy district established for the purpose of water or sewage treatment. ... View more