IN HB1164 | 2021 | Regular Session


Spectrum: Partisan Bill (Republican 7-0)
Status: Engrossed on February 23 2021 - 50% progression
Action: 2021-02-24 - First reading: referred to Committee on Utilities
Pending: Senate Utilities Committee
Text: Latest bill text (Amended) [PDF]


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. Provides that: (1) rural electric cooperatives; and (2) municipalities providing electric service; shall permit attachments by communications service providers to poles owned or controlled by the cooperatives or municipalities. Provides that any pole attachment rental fee imposed by a rural electric cooperative or a municipality: (1) must be calculated on an annual, per-pole basis; and (2) is considered to provide reasonable compensation and to be nondiscriminatory, just, and reasonable if the fee: (A) is agreed upon by the parties; or (B) is not greater than the fee that would apply if the fee were calculated in accordance with the formula applied by the Federal Communications Commission (FCC). Amends the procedures under which a public utility applies to a municipality or county executive for authorization to occupy and perform work in a public right-of-way controlled by the municipality or county executive, and provides for restrictions on the requirements a municipality or county executive may impose for purposes of granting such authority. 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. Amends the factors that must exist for a permit authority to prohibit the placement of a new utility pole or wireless support structure for purposes of construction, placement, or use of a small cell facility or structure in an area that is: (1) within a right-of-way; and (2) designated strictly for underground or buried utilities. Provides that a permit authority may not impose: (1) a restriction on maximum height of a wireless support structure, subject to certain federal regulations and state laws; or (2) 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 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.

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Various utility matters.


Roll Calls

2021-02-22 - House - House - Third reading (Y: 54 N: 39 NV: 1 Abs: 6) [PASS]
2021-02-15 - House - House - Committee Vote (Y: 9 N: 4 NV: 0 Abs: 0) [PASS]


2021-02-24SenateFirst reading: referred to Committee on Utilities
2021-02-23HouseReferred to the Senate
2021-02-22HouseCosponsor: Senator Donato
2021-02-22HouseSenate sponsors: Senators Messmer, Koch, Houchin
2021-02-22HouseThird reading: passed; Roll Call 227: yeas 54, nays 39
2021-02-18HouseRepresentative Soliday added as coauthor
2021-02-18HouseRepresentative Lauer added as coauthor
2021-02-17HouseSecond reading: ordered engrossed
2021-02-15HouseCommittee report: amend do pass, adopted
2021-01-07HouseFirst reading: referred to Committee on Utilities, Energy and Telecommunications
2021-01-07HouseAuthored by Representative Manning

Indiana State Sources

Roll Call
Roll Call

Bill Comments