Bill > HSB185

Introduced Session

This bill relates to using easements held by electric cooperatives for purposes of expanding broadband service. The bill allows an electric cooperative to authorize within its electric transmission or distribution easements the placement of broadband infrastructure, which may include fiberoptic cable facilities, by a communications service provider. The bill requires the electric cooperative to provide the owner of the property on which the easement is located a written notice when the electric cooperative intends to use the easement for broadband purposes and provides the required procedure and contents of the notice. The electric cooperative is allowed to use the easement for broadband services six months after notice is received by the property owner unless the property owner has filed a challenge with the courts contesting the use of the easement within six months H.F. _____ of the initial notice. The bill provides additional notice requirements in the event the communications service provider changes or additional work not included in the original notice is necessary after the right to use the easement for broadband purposes vests with the electric cooperative. The bill allows for the property owner to commence action against the electric cooperative by either seeking to recover damages or challenging the electric cooperative’s right to use the easement within six months of receiving the notice and provides procedures. If the property owner is seeking damages, the bill allows the electric cooperative to deposit with the court administrator an amount equal to the electric cooperative’s estimate of damages or $1 if damages are estimated to be not more than nominal once the complaint has been answered. After the deposit has been made the electric cooperative may use the electric transmission or distribution easements for broadband purposes, conditioned on an obligation to pay the amount of damages determined by the court. If the property owner is challenging the electric cooperative’s right to use the easement for broadband services or infrastructure, the bill directs the district court to promptly hold a hearing on the property owner’s challenge once the complaint has been answered by the electric cooperative. If the district court denies the property owner’s challenge, the electric cooperative may proceed to make a deposit and make use of the easement for broadband service purposes. The bill requires that in an action involving a property owner’s claim for damages, the property owner has the burden to prove the existence and amount of any net reduction in the fair market value of the property, considering the existence, installation, construction, maintenance, modification, operation, repair, replacement, or removal of broadband infrastructure in the easement, as well as any benefit to the property from access to broadband service. The bill states H.F. _____ that in these actions, consequential or special damages will not be awarded and that evidence of revenue, profits, fees, income, or similar benefits to the electric cooperative, its affiliates, or a third party is inadmissible. The bill directs any fees or costs incurred as a result of an action to be paid by the party that incurred the fees or costs. The bill expounds that the bill does not limit in any way an electric cooperative’s existing easement rights. The bill explains that the electric cooperative’s placement of broadband infrastructure in any portion of an electric transmission or distribution easement located in the public right-of-way is subject to the local government’s existing general police powers to control the use of its right-of-way and the department of transportation’s authority. The bill directs the electric cooperative to coordinate placement with the relevant authority to minimize potential future relocations and to notify the authority prior to placing infrastructure for broadband service in an easement that is in or adjacent to that authority’s public right-of-way. The bill takes effect upon enactment.

Committee Categories

No sponsors listed

Other Sponsors (1)

Subcommittee recommends amendment and passage. (on 02/25/2025)

Official Document