HB 1041

                                                           Introduced Version
           HOUSE BILL No. 1041
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-26.6.
Synopsis: Line maintenance in public rights-of-way. Sets forth
minimum standards and requirements for the installation and
maintenance of communications service or utility service facilities
(facilities) in a public right-of-way. Defines a "permittee" as: (1) a
person to whom an initial permit or authorization for the installation of
a facility in a public right-of-way is granted by a unit; or (2) a service
provider responsible for maintaining a facility that has been installed
in a public right-of-way. Defines a "line pollution violation" as a
violation attributable to a permittee and involving: (1) noncompliance
with any standard or requirement set forth in the bill; or (2) the
presence of any damaged, abandoned, loose, or improperly secured
facilities within a public right-of-way. Provides that a permittee
responsible for a line pollution violation is liable to the unit owning the
public right-of-way for a fine in an amount determined by the unit, but
not to exceed: (1) $500 per violation for each day the violation remains
uncured; or (2) a total fine of $2,500. Requires a permittee to ensure
that any person responsible for installing, replacing, relocating, or
repairing any underground facility that is owned or operated by the
permittee and located within a public right-of-way complies with the
requirements set forth in: (1) Indiana's statute concerning underground
utility facilities; and (2) any applicable local ordinance or regulation;
with respect to any work involving drilling, trenching, boring, hand
digging, or plowing.
Effective: July 1, 2026.
 Davis, Greene, Bartels, Shonkwiler
December 2, 2025, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
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                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1041
     A BILL FOR AN ACT to amend the Indiana Code concerning
 utilities.
     Be it enacted by the General Assembly of the State of Indiana:
1   SECTION 1. IC 8-1-26.6 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]:
4   Chapter 26.6. Line Maintenance in Public Rights-of-Way; Line
5 Pollution Violations
6   Sec. 1. This chapter applies to:
7      (1) an initial installation of facilities in a public right-of way;
8      and
9      (2) the ongoing maintenance of facilities located in a public
10      right-of-way.
11   Sec. 2. As used in this chapter, "facility" means any:
12      (1) line;
13      (2) cable;
14      (3) conduit;
15      (4) housing;
16      (5) structure; or
17      (6) other equipment;
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1 used in furnishing communications service (as defined in
2 IC 8-1-32.5-3) or utility service to the public.
3    Sec. 3. As used in this chapter, "line pollution violation" means
4 a violation involving:
5      (1) noncompliance with any standard or requirement set forth
6      in section 6 or 7 of this chapter with respect to the installation
7      and maintenance of a facility in a public right-of-way; or
8      (2) the presence of any damaged, abandoned, loose, or
9      improperly secured facilities within a public right-of-way;
10 attributable to a permittee.
11    Sec. 4. (a) As used in this chapter, "permittee" refers to:
12      (1) a person to whom an initial permit or other authorization
13      for the installation of a facility in a public right-of-way is
14      granted by a unit; or
15      (2) a service provider responsible for maintaining a facility
16      that has been installed in a public right-of-way;
17 as the context requires.
18    (b) The term includes an agent, including a contractor or
19 subcontractor, of a person described in subsection (a)(1) or (a)(2).
20    Sec. 5. As used in this chapter, "unit" means a:
21      (1) county; or
22      (2) municipality (as defined in IC 36-1-2-11);
23 authorized by IC 8-1-2-101 to regulate the occupation and use of
24 a public right-of-way.
25    Sec. 6. Notwithstanding IC 8-1-2-101(a), the following minimum
26 standards apply to the installation and maintenance of a facility in
27 a public right-of-way:
28      (1) The installation, placement, and storage of cables and
29      conduit in a public right-of-way must comply with all
30      applicable federal, state, and local laws, regulations, and
31      guidelines.
32      (2) Aerial cables must be properly secured overhead and may
33      not hang loose or be placed at ground level. Cables that are
34      abandoned or inactive must be removed and properly
35      disposed of.
36      (3) Cables transitioning from an overhead placement to an
37      underground placement must be secured in proper pole riser
38      guards, with no loose cables hanging overhead.
39      (4) Conduit rising out of the ground at a pole must be fastened
40      to the bottom of the pole and may not be allowed to dangle or
41      sway.
42      (5) Conduit that:
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1(A) rises out of the ground; and
2(B) is not secured:
3(i) to a pole; or
4(ii) in a structure;
5may not lie loose on the ground. Upon discovering or
6receiving notice of the presence of unsecured conduit in the
7right-of-way, the permittee shall place proper barriers around
8the conduit to prevent potential hazards until the conduit can
9be placed in proper facilities. Not later than fourteen (14) days
10after receiving notice of the presence of unsecured conduit in
11the right-of-way, the permittee shall cause the conduit to be
12placed in proper facilities.
13(6) Structures buried in hand holes and vaults must be
14installed at grade and must be in working condition. Upon
15discovering or receiving notice of any damaged structure, the
16permittee shall secure the structure and place proper barriers
17around the structure to prevent harm to the public until the
18structure can be repaired or replaced. Not later than fourteen
19(14) days after receiving notice of a damaged structure, the
20permittee shall cause the structure to be repaired or replaced.
21(7) Vertical structures, including:
22(A) pedestals;
23(B) cable housing units; and
24(C) cabinets;
25that are damaged or inoperable must be replaced or removed.
26Upon discovering or receiving notice of a damaged or
27inoperable vertical structure, the permittee shall secure the
28vertical structure and place proper barriers around the
29structure to prevent harm to the public until the vertical
30structure can be replaced or removed. Not later than fourteen
31(14) days after receiving notice of a damaged or inoperable
32vertical structure, the permittee shall cause the damaged or
33inoperable structure to be replaced or removed.
34(8) To the extent practicable, each facility, or grouping of
35related facilities, installed in a public right-of-way by or on
36behalf of a permittee must include the name of, and contact
37information for:
38(A) the permittee; and
39(B) in the case of a permittee described in section 4(a)(1) of
40this chapter, any permittee described in section 4(a)(2) of
41this chapter that acts on behalf of the permittee described
42in section 4(a)(1) of this chapter to maintain the facility, or
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1grouping of facilities, installed in the public right-of-way.
2    Sec. 7. (a) This section applies to equipment that:
3      (1) is used by an agent of a permittee to install, place, store,
4      maintain, repair, or replace one (1) or more facilities in a
5      public right-of-way; and
6      (2) remains in the public right-of-way on a temporary or
7      permanent basis during or after the installation, placement,
8      storage, maintenance, repair, or replacement of one (1) or
9      more facilities in the public right-of-way.
10    (b) As used in this section, "agent", with respect to a permittee,
11 includes the following:
12      (1) A contractor or subcontractor of the permittee, in the case
13      of a permittee described in section 4(a)(1) or 4(a)(2) of this
14      chapter.
15      (2) In the case of a permittee described in section 4(a)(1) of
16      this chapter, a permittee described in section 4(a)(2) of this
17      chapter that acts on behalf of the permittee described in
18      section 4(a)(1) of this chapter to maintain a facility installed
19      in a public right-of-way.
20    (c) Equipment described in subsection (a) must be clearly
21 marked with the name of, and contact information for:
22      (1) the agent owning or using the equipment for a purpose
23      described in subsection (a); and
24      (2) the permittee on whose behalf the agent is acting in
25      connection with a purpose described in subsection (a).
26    Sec. 8. A permittee responsible for a line pollution violation is
27 liable to the unit owning the public right-of-way for a fine in an
28 amount determined by the unit, but not to exceed five hundred
29 dollars ($500) per violation for each day the line pollution violation
30 remains uncured after any date of compliance required by the unit.
31 The total amount of a fine imposed by a unit under this section for
32 an uncured violation may not exceed two thousand five hundred
33 dollars ($2,500).
34    Sec. 9. (a) This chapter shall not be construed to limit or restrict
35 the authority of a unit to:
36      (1) impose more stringent standards for the installation and
37      maintenance of a facility in a public right-of-way than the
38      standards set forth in section 6 of this chapter; or
39      (2) otherwise regulate the occupation and use of a public
40      right-of-way under IC 8-1-2-101.
41    (b) This chapter does not abrogate or limit a permittee's duty to
42 comply with any relevant provisions of IC 8-1-26 with respect to
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1 underground facilities owned or operated by the permittee. A
2 permittee shall ensure that any agent, contractor, subcontractor,
3 excavator, or other person responsible for installing, replacing,
4 relocating, or repairing any underground facility that is owned or
5 operated by the permittee and located within a public right-of-way
6 complies with the requirements set forth in:
7      (1) IC 8-1-26-20; and
8      (2) any applicable local ordinance or regulation;
9 with respect to any work involving drilling, trenching, boring, hand
10 digging, or plowing.
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