Agenda Packets - 1997/03/24 - Laserfiche WebLink

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the pavement or to assume ongoing responsibility for the pavement cuts they make. These provisions are important parts of the bill which must be maintained. 1110 • Asset value. The bill does not include the ability of cities to charge for the right to use the right of way. This is an important right which cities currently have for other utilities, such as gas and electric and should be added to this bill. • Standards. The bill would require the state(currently the Department of Public Service) to establish uniform state-wide construction standards. The League believes that general parameters for standards on a state-wide basis may be acceptable, but cities need flexibility to reflect unique individual circumstances. If the bill must contain state-wide construction standards, it must allow that type of flexibility. Pending bills/status: H.F. 743/S.F. 1085, introduced by Rep. Loren Jennings (DFL-Harris) and Senator Steve Novak (DFL-New Brighton) and referred to the House and Senate committees which deal with utility regulation(see above), would grant cities clear authority to manage and establish standards for construction in local rights-of-way and to obtain reasonable compensation for their use. H.F. 322/S.F. 442, introduced by Rep. Loren Jennings and Senator Steve Novak, and referred to the same two committees, would authorize cities to control use of public rights-of-way and to impose fees and bonding requirements to recoup direct and indirect administrative costs as well as for • degradation, limited to an amount not greater than an unspecified per capita amount determined by square foot of use; authorize the Minnesota Public Utilities Commission to adopt uniform construction standards; but not allow cities to recoup any other costs or to charge other fees unless specifically authorized to do so. This bill will be the vehicle for compromise language to be considered by both committees. Rep. Jennings intends to make major changes to the bill when it is heard in committee on Thursday, March 20. H.F. 451 (no Senate companion), introduced by Rep. Loren Jennings and referred to the House Regulated Industries & Energy Committee, represents the views of the Minnesota Telephone Association and US West. Provisions would pre-empt local authority to manage public rights-of- way and allow telecommunications service providers to use public rights-of-way without paying fees or complying with management requirements other than those adopted at the state or federal level. Providers using the right-of-way on or before the effective date of the bill would not be required to comply with permit requirements or fees, and fees could cover only costs incurred in issuing the permit. Prepared by: Ann Higgins •