HCS HB 671 -- PUBLIC RIGHTS-OF-WAY

SPONSOR:  Mays, 50 (Burton)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Utilities
Regulation by a vote of 15 to 3.

This substitute outlines excavation and permitting procedures
for public utility rights-of-way users.  After excavation,
right-of-way users must restore the public right-of-way to its
prior condition.  Political subdivisions may require permits to
do construction in a right-of-way.  Permits may be denied and
revoked for certain reasons; a review process of denied or
revoked permits is provided.

Permit fees must reflect the actual costs of managing the public
right-of-way, allocated among all users of the public right-of--
way in a nondiscriminatory manner.  Political subdivisions must
not unlawfully discriminate among users of the right-of-way,
create unreasonable requirements for access to the right-of-way,
or require public utilities to install facilities underground.

FISCAL NOTE:  Cost to General Revenue of $0 to Unknown in FY
2000, FY 2001, and FY 2002.

PROPONENTS:  Supporters say that since the telecommunications
industry has been deregulated, there are municipalities which
have begun charging fees for use of the right-of-way.  They say
that this bill would create consistent and fair conditions
across the state for telecommunications companies to get access
to the right-of-way.

Testifying for the bill were Representative Burton; Sprint; GTE;
Empire District Electric Company; and AT&T.

OPPONENTS:  Those who oppose the bill say that there is no hurry
to enact state legislation to force the model on municipalities;
city councils have the ultimate authority to make decisions for
their cities.  This is a local issue.

Testifying against the bill were City of Kirksville; City of
Springfield; and Missouri Municipal League.

Donna Schlosser, Legislative Analyst

HB 671 -- Public Rights-of-Way

Co-Sponsors:  Burton, Hegeman, Mays (50)

This bill outlines excavation and permitting procedures for
public utility rights-of-way users.  After excavation, right-of--
way users must restore the public right-of-way to its prior
condition.  Political subdivisions may require permits to do
construction in a right-of-way.  Permits may be denied and
revoked for certain reasons; a review process of denied or
revoked permits is provided.

Permit fees must reflect the actual costs of managing the public
right-of-way, allocated among all users of the public right-of--
way in a nondiscriminatory manner.  Political subdivisions must
not unlawfully discriminate among users of the right-of-way,
create unreasonable requirements for access to the right-of-way,
or require public utilities to install facilities underground.