An Act To Improve Aboveground Utilities' Responsiveness to Public Interests
Maine Legislature, Session 129, LD 1206
Committee Amendment CA_A_H169 (House)
Amends: 23 MRSA §3651

COMMITTEE AMENDMENT "A " to H.P. 870, L.D. 1206, Bill, "An Act To 
Improve Aboveground Utilities' Responsiveness to Public Interests" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Utility Poles in Public Rights-of-way' 
Amend the bill by stril<lng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 23 MRSA §3651, sub-§1, as enacted by PL 1987, c. 583, §1, is amended 
to read: 
1. Legal objects not defects. Trees, structures, utility poles and facilities and other 
things whi6h that exist in accordance with municipal ordinances are not defects in a 
public way. For the purposes of this subsection, "facilities" has the same meaning as in 
Title 35-A, section 2502, subsection 3. 
Sec. 2. Report. No later than January 31, 2020, the Public Utilities Commission 
shall submit to the Joint Standing Committee on Energy, Utilities and Technology a 
report regarding orders adopted or other actions taken by the commission during calendar 
year 2019 to address issues related to abandoned utility poles and associated facilities, as 
that term is defined in the Maine Revised Statutes, Title 35-A, section 2502, subsection 3, 
in the public right-of-way. Commission actions may include amendments to commission 
rules regarding removal or relocation ofutility poles and any associated facilities located 
within the public right-of-way and restoration of a pole site to a safe condition. The 
report may include findings and recommendations, including suggested legislation. The 
committee may report out a bill to the Second Regular Session of the 129th Legislature 
related to the report.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
~\· 
COMMITTEEAMENDMENT"A "toH.P. 870,L.D.1206 
SUMMARY 
This amendment replaces the bill. 
The amendment adds language to the law 
governing the safety and convenience of highways, town ways and streets to specify that 
utility poles and facilities are not defects in the public way, in order to relieve municipal 
officials from liability for utility poles and facilities in the public way. The amendment 
also directs the Public Utilities Commission to report to the Joint Standing Committee on 
Energy, Utilities and Technology in January 2020 regarding actions the commission has 
taken to address issues related to abandoned utility poles and any associated facilities in 
the public right-of-way. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/19/19 Jldac 
LD 1206 
LR 1082(02) 
An Act To Improve Aboveground Utilities' Responsiveness to Public Interests 
Fiscal Note for Bill as Amended by Committee Amendment 17't 1 {H- f~ 9) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional cost to the Public Utilities Commission to report on actions taken to address issues related to 
abandoned utility poles and any associated facilities in the right of way are anticipated to be minor and can be 
absorbed within existing budgeted resources. 
LR1082(02) - Fiscal Note - Page 1 of 1