SB 71 - This act creates provisions relating to broadband infrastructure.BROADBAND INFRASTRUCTURE SERVICES (Sections 386.020, 393.1420, & 523.010)
The act creates the Electrical Corporation Broadband Authorization Act, which allows an electrical corporation to use its broadband infrastructure to provide certain broadband infrastructure services, as such terms are defined in the act.
The act modifies the definition of "electric plant" to include broadband infrastructure operated, controlled, owned, used or to be used for, or in connection with, or to facilitate the generation, transmission, or distribution of electricity or broadband infrastructure services. The act also creates several definitions relating to broadband.
As described in the act, an electrical corporation's investment in such broadband infrastructure shall be included in the electrical corporation's rate base used to set the revenue requirement upon which the electrical corporation's base rates are set.
The Public Service Commission shall not have jurisdiction over the terms, conditions, charges, contracts, leases, licenses, or other agreements of an electrical corporation for the corporation's broadband operations or provision of broadband services through a broadband services provider.
Finally, the act allows an electrical corporation to condemn land for the purpose of broadband infrastructure services.
These provisions are similar to SCS/SB 184 (2021), HB 321 (2021), SB 921 (2020), and HB 2302 (2020).
TRESPASS AND INVERSE CONDEMNATION ACTIONS (Section 393.1800)
Under this act, any cause of action for inverse condemnation or trespass against certain electric utilities as described in the act shall be commenced within two years after the cause of action shall have accrued, and no statute of limitations shall extend the period for commencing the action.
If the plaintiff prevails in a cause of action for inverse condemnation, then the damage or taking shall be deemed permanent, the injury to the plaintiff shall not be deemed to continue, accumulate, or to accrue, and the damages shall be fixed and determined as of the date the cause of action accrued.
In a cause of action for trespass, a defendant shall be entitled to a determination by the court as to whether the use by the defendant or its assignees, alleged by the plaintiff to be an expanded use that increases the burden of the defendant's easement or to exceed the scope of the defendant's easement rights, is a public use. If the court finds that such use is a public use, and if the plaintiff prevails on the claim for trespass, then certain provisions set forth in the act shall apply.
Damages for prevailing claims of inverse condemnation or trespass are set forth in the act.
Under the act, no cause of action for trespass or inverse condemnation may be brought as an action on behalf of a class.
In a cause of action for trespass or inverse condemnation, the following shall not be admissible in evidence for purposes of determining plaintiff's damages or any other purposes:
• Profits, fees, or revenue derived by the defendant from uses of the easement; and
• The rental value of the real property or of the easement, including the rental value of an assembled utility corridor of any type.
This provision is similar to SCS/SB 185 (2021).
This act is identical to HB 2015 (2022) and substantially similar to SB 848 (2022).
JULIA SHEVELEVA