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HSB 185

A bill for an act related to using electric transmission and distribution easements held by electric cooperatives for broadband service, and including effective date provisions.

2025-2026 Regular Session

HSB 185 allows electric cooperatives to use existing easements for broadband, boosting rural access while protecting property owners' rights through legal recourse.

Subcommittee recommends amendment and passage.
#broadbandservices #easements #electricutilities #ruralareas #telecommunications
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Bill Summary · HSB 185

Summary of HSB 185: Electric Transmission and Distribution Easements for Broadband Service

Bill Overview

Bill Number: HSB 185
Introduced On: February 17, 2025
Status: Subcommittee recommends amendment and passage
Classification: Proposed Bill
Subject Areas: Broadband Services, Easements, Electric Utilities, Rural Areas, Telecommunications

The purpose of HSB 185 is to facilitate the use of electric transmission and distribution easements held by electric cooperatives for the deployment of broadband services. This legislation aims to enhance broadband access, particularly in rural areas, by allowing electric cooperatives to utilize existing easements for telecommunications infrastructure.

Key Provisions

  1. Easement Utilization: The bill permits electric cooperatives to use their transmission and distribution easements for broadband service deployment.

  2. Notice Requirements:

    • If a communications service provider needs to make changes or perform additional work not included in the original notice after the right to use the easement is granted, the bill mandates additional notice requirements.

  3. Property Owner Rights:

    • Property owners can initiate legal action against the electric cooperative within six months of receiving notice. They can either seek damages or challenge the cooperative's right to use the easement.
    • If damages are sought, the cooperative may deposit an estimated amount with the court, allowing them to proceed with broadband installation while the case is pending.

  4. Court Procedures:

    • The district court is required to hold a prompt hearing on any challenges made by property owners regarding the cooperative's right to use the easement.
    • If the court denies the challenge, the cooperative may proceed with the broadband service installation.

  5. Burden of Proof:

    • In cases where property owners claim damages, they must prove the existence and amount of any reduction in the fair market value of their property due to the broadband infrastructure, while also considering any benefits from access to broadband services.

Impact

  • Affected Parties: This bill primarily affects electric cooperatives, property owners adjacent to easements, and broadband service providers. It aims to improve broadband access in rural communities, potentially benefiting residents and businesses by enhancing connectivity.

  • Legal and Financial Implications: The bill establishes a framework for resolving disputes between property owners and electric cooperatives, including the process for claiming damages and the obligations of cooperatives to compensate property owners.

Procedural Timeline

  • February 17, 2025: Bill introduced and referred to the Economic Growth and Technology committee.
  • February 20, 2025: Subcommittee meeting scheduled for February 25, 2025.
  • February 25, 2025: Subcommittee recommends amendment and passage.

This summary provides an overview of HSB 185, highlighting its intent to expand broadband access through the strategic use of existing electric easements while balancing the rights of property owners.

Compiled from official sources — confirm details with the bill’s official record.

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