reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-233. Repealed

69-4-233. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 23, Ch. 171, L. 1917; re-en. Sec. 2699, R.C.M. 1921; re-en. Sec. 2699, R.C.M. 1935; R.C.M. 1947, 24-123.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-234. Repealed

69-4-234. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 24, Ch. 171, L. 1917; re-en. Sec. 2700, R.C.M. 1921; re-en. Sec. 2700, R.C.M. 1935; R.C.M. 1947, 24-124.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-235. Repealed

69-4-235. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 26, Ch. 171, L. 1917; re-en. Sec. 2702, R.C.M. 1921; re-en. Sec. 2702, R.C.M. 1935; amd. Sec. 13, Ch. 137, L. 1941; amd. Sec. 2, Ch. 248, L. 1947; amd. Sec. 2, Ch. 45, L. 1949; R.C.M. 1947, 24-126.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-236. Repealed

69-4-236. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 27, Ch. 171, L. 1917; re-en. Sec. 2703, R.C.M. 1921; re-en. Sec. 2703, R.C.M. 1935; R.C.M. 1947, 24-127.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-237. Repealed

69-4-237. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 28, Ch. 171, L. 1917; re-en. Sec. 2704, R.C.M. 1921; re-en. Sec. 2704, R.C.M. 1935; R.C.M. 1947, 24-128.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-238. Repealed

69-4-238. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 29, Ch. 171, L. 1917; re-en. Sec. 2705, R.C.M. 1921; re-en. Sec. 2705, R.C.M. 1935; R.C.M. 1947, 24-129.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-239. Repealed

69-4-239. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 30, Ch. 171, L. 1917; re-en. Sec. 2706, R.C.M. 1921; re-en. Sec. 2706, R.C.M. 1935; R.C.M. 1947, 24-130.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-240. Repealed

69-4-240. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 31, Ch. 171, L. 1917; re-en. Sec. 2707, R.C.M. 1921; re-en. Sec. 2707, R.C.M. 1935; R.C.M. 1947, 24-131.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-241. Repealed

69-4-241. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 32, Ch. 171, L. 1917; re-en. Sec. 2708, R.C.M. 1921; re-en. Sec. 2708, R.C.M. 1935; R.C.M. 1947, 24-132.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-301. Short title

69-4-301. Short title.
This part shall be known and cited as the "Underground Conversion of Utilities Law".
History: En. Sec. 1, Ch. 429, L. 1971; R.C.M. 1947, 70-601.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-302. Statement of findings and purpose

69-4-302. Statement of findings and purpose.
(1) The legislature finds that in many areas of the state, landowners, cities, towns, counties, rural electric cooperatives, and public utilities desire to convert existing overhead electric and communication facilities to underground locations by means of special improvement district proceedings.
(2) The legislature hereby declares that a public purpose will be served by providing a procedure to accomplish such conversion and that it is in the public interest to provide for such conversion by proceedings taken pursuant to this part, whether such areas be within the limits of a city or town or within a county.
History: En. Sec. 2, Ch. 429, L. 1971; R.C.M. 1947, 70-602.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-303. Definitions

69-4-303. Definitions.
As used in this part, the following words and phrases and any variations thereof shall have the following meaning:
(1) "Communication service" means the transmission of intelligence by electrical means, including but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals.
(2) "Convert" or "conversion" means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.
(3) "Electric or communication facilities" means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances.
(4) "Electrical service" means the distribution of electricity for heat, light, or power.
(5) "Governing body" means the board of county commissioners or city council, as may be appropriate, depending on whether the special improvement district is located in a county or within a city or town.
(6) "Ordinance" means resolution where the governing body acts by resolution and vice versa.
(7) "Overhead electric or communication facilities" means electric or communication facilities located, in whole or in part, above the surface of the ground.
(8) "Public utility" means any public or private person, corporation, or cooperative that provides electric or communication service to the public by means of electric or communication facilities and shall include any special improvement district that provides electric or communication service to the public by means of electric or communication facilities.
(9) "Underground electric or communication facilities" means electric or communication facilities located, in whole or in part, beneath the surface of the ground.
History: En. Sec. 3, Ch. 429, L. 1971; R.C.M. 1947, 70-603(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-304. Exclusion for high-voltage transmission lines

69-4-304. Exclusion for high-voltage transmission lines.
Electric facilities do not include any facilities used or intended to be used for the transmission of electrical energy at nominal voltages in excess of 25,000 volts.
History: En. Sec. 3, Ch. 429, L. 1971; R.C.M. 1947, 70-603(part); amd. Sec. 60, Ch. 7, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-305. Effect on authority of public service commission

69-4-305. Effect on authority of public service commission.
Nothing contained in this part shall vest any jurisdiction over any public utility in the governing body. The public service commission shall retain all jurisdiction now or hereafter conferred upon it by law.
History: En. Sec. 33, Ch. 429, L. 1971; R.C.M. 1947, 70-633; amd. Sec. 11, Ch. 43, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-311. Authorization to create special improvement districts

69-4-311. Authorization to create special improvement districts.
(1) The governing body of a county is authorized and empowered to create special improvement districts under Title 7, chapter 12, part 21, and this part, within the unincorporated portion of the county. The governing body of a city or town is authorized and empowered to create special improvement districts under Title 7, chapter 12, parts 41 and 42, and this part, within its territorial limits. The special improvement districts must provide for the conversion of existing overhead electrical and communication facilities to underground locations and the construction, reconstruction, or relocation of any other electric or communication facilities that may be incidental to the conversion.
(2) A special improvement district must include an area having a frontage of not less than 1,000 feet upon a public street, road, highway, or utilities easement along which overhead electric or communication facilities are located.
History: En. Sec. 4, Ch. 429, L. 1971; R.C.M. 1947, 70-604; amd. Sec. 5, Ch. 250, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-312. Procedure to initiate creation of district -- resolution for feasibility study

69-4-312. Procedure to initiate creation of district -- resolution for feasibility study.
(1) A governing body, on its own initiative or upon a petition signed by at least 60% of the property owners owning at least 60% of the assessable land of a proposed district requesting the creation of a special improvement district, as provided for in this part, may pass a resolution at a regular or special meeting, declaring that it finds that the special improvement district is in the public interest. The governing body shall make a finding that the formation of the special improvement district, for the purposes set out in this part, will promote the public convenience, necessity, and welfare.
(2) The resolution must state that the costs and expenses will be levied and assessed upon the property benefited and further request that each public utility serving the area by overhead electric or communication facilities shall, within 120 days after the receipt of the resolution, make a study of the cost of conversion of its facilities in the area to underground service. The report of the study must be provided to the governing body and made available for inspection in the office of the governing body and each public utility. The governing body may not pass a resolution of intention to create a special improvement district until it has received the report. The resolution of the governing body must require that each public utility be provided with the name and address of the owner of each parcel or lot within the proposed improvement district, if known, and if not known, the description of the property and other matters as may be required by the public utilities in order to perform the work involved in the cost study. The resolution must further state the area in square feet of each lot or parcel within the proposed conversion service area.
History: En. Sec. 6, Ch. 429, L. 1971; R.C.M. 1947, 70-606; amd. Sec. 6, Ch. 250, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-313. Cost and feasibility report

69-4-313. Cost and feasibility report.
(1) The public utility report shall set forth an estimate of the total underground conversion costs and shall also indicate the costs of underground conversion of facilities of the public utility located within the boundaries of the various parcels or lots then receiving service. The report shall also contain the public utility's recommendations concerning the feasibility of the project for the district proposed, insofar as the physical characteristics of the district are concerned. The report shall make recommendations by the public utility concerning inclusion or exclusion of areas within the district or immediately adjacent to the district.
(2) The governing body shall give careful consideration to the public utility's recommendations concerning feasibility, recognizing their expertise in this area, and may amend the boundaries of the proposed improvement district; provided, that the costs and feasibility report of the public utility contains a cost figure on the district as amended, or it may request a new cost and feasibility report from the public utility concerned on the basis of the amended district. Should a delay result in a significant increase of the estimated conversion costs, new hearings shall be held on the creation of the district. In the event an increase of 10% or less results from delay, only the hearing on the assessments need be held again.
History: En. Sec. 7, Ch. 429, L. 1971; R.C.M. 1947, 70-607.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-314. Determination of conversion costs

69-4-314. Determination of conversion costs.
In determining the conversion costs included in the cost and feasibility report required by 69-4-313, the public utility is entitled to amounts sufficient to repay it for the following, as computed and reflected by the uniform system of accounts approved by the Montana public service commission, federal communications commission, or federal power commission or if the public utility is not subject to regulation by any of the above governmental agencies, by the public utility's system of accounts then in use and in accordance with standard accounting procedures of the public utility:
(1) the original costs less depreciation taken of the existing overhead electric and communication facilities to be removed;
(2) the estimated costs of removing the overhead electric and communication facilities less the salvage value of the facilities removed;
(3) if the estimated cost of constructing new underground facilities exceeds the estimated cost of constructing new aerial facilities, then the cost difference between the two;
(4) the cost of obtaining new easements when technical considerations make it reasonably necessary to utilize easements for the underground facilities different from those used for above ground facilities or where the preexisting easements are insufficient for the underground facilities.
History: En. Sec. 26, Ch. 429, L. 1971; amd. Sec. 8, Ch. 315, L. 1974; R.C.M. 1947, 70-626.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-315. Repealed

69-4-315. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 8, Ch. 429, L. 1971; R.C.M. 1947, 70-608.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-316. Repealed

69-4-316. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 9, Ch. 429, L. 1971; R.C.M. 1947, 70-609.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-317. Repealed

69-4-317. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 10, Ch. 429, L. 1971; R.C.M. 1947, 70-610; amd. Sec. 17, Ch. 526, L. 1983.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-318. Repealed

69-4-318. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: (1)En. Sec. 11, Ch. 429, L. 1971; Sec. 70-611, R.C.M. 1947; (2)En. Sec. 12, Ch. 429, L. 1971; Sec. 70-612, R.C.M. 1947; R.C.M. 1947, 70-611, 70-612(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-319. Repealed

69-4-319. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 12, Ch. 429, L. 1971; R.C.M. 1947, 70-612(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-320. Repealed

69-4-320. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 12, Ch. 429, L. 1971; R.C.M. 1947, 70-612(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-321. Repealed

69-4-321. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 13, Ch. 429, L. 1971; R.C.M. 1947, 70-613.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-322. Repealed

69-4-322. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 14, Ch. 429, L. 1971; R.C.M. 1947, 70-614.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-323. Repealed

69-4-323. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 5, Ch. 429, L. 1971; R.C.M. 1947, 70-605.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-324. Repealed

69-4-324. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 15, Ch. 429, L. 1971; R.C.M. 1947, 70-615.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-325. Repealed

69-4-325. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 16, Ch. 429, L. 1971; R.C.M. 1947, 70-616; amd. Sec. 18, Ch. 526, L. 1983.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-326. Repealed

69-4-326. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 17, Ch. 429, L. 1971; R.C.M. 1947, 70-617.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-327. Repealed

69-4-327. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 18, Ch. 429, L. 1971; R.C.M. 1947, 70-618.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-328. Repealed

69-4-328. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: (1)En. Sec. 19, Ch. 429, L. 1971; Sec. 70-619, R.C.M. 1947; (2)En. Sec. 20, Ch. 429, L. 1971; Sec. 70-620, R.C.M. 1947; R.C.M. 1947, 70-619, 70-620.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-329. Repealed

69-4-329. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 23, Ch. 429, L. 1971; R.C.M. 1947, 70-623.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-330. Repealed

69-4-330. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 21, Ch. 429, L. 1971; R.C.M. 1947, 70-621.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-331. Repealed

69-4-331. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 22, Ch. 429, L. 1971; R.C.M. 1947, 70-622.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-332. Repealed

69-4-332. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Secs. 24, 25, Ch. 429, L. 1971; R.C.M. 1947, 70-624, 70-625(part); amd. Sec. 16, Ch. 500, L. 1981; amd. Sec. 1, Ch. 11, L. 1983; amd. Sec. 129, Ch. 370, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-333. Repealed

69-4-333. Repealed.
Sec. 7, Ch. 250, L. 1993.
History: En. Sec. 25, Ch. 429, L. 1971; R.C.M. 1947, 70-625(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-351. Maintenance and construction of converted facilities

69-4-351. Maintenance and construction of converted facilities.
The public utility shall have the duty to maintain, repair, and replace all underground facilities installed pursuant to this part. There shall be no competitive bidding as to the construction of the converted facilities since existing facilities are owned, maintained, and operated by the public utility and the continuity of service of the utility is essential, both of which make construction work by third persons impracticable. Therefore, the public utility concerned shall be responsible for the accomplishment of all construction work and may contract out such of the construction work as it deems desirable.
History: En. Sec. 27, Ch. 429, L. 1971; R.C.M. 1947, 70-627(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-352. Title to converted facilities

69-4-352. Title to converted facilities.
Title to the converted facilities shall be at all times solely and exclusively in the public utility involved, as the public is only purchasing the intangible benefits which come from converted facilities; that is, the removal of the overhead facilities and replacement by underground facilities.
History: En. Sec. 27, Ch. 429, L. 1971; R.C.M. 1947, 70-627(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-353. Conversion of facilities on public property -- notice to landowners

69-4-353. Conversion of facilities on public property -- notice to landowners.
(1) Upon completion of the conversion of the overhead electric or communication facilities on public lands and right-of-way to underground, the public utility shall file a verified statement of the costs of the conversion with the governing body.
(2) The governing body shall mail to each landowner and purchaser of property under contract for deed a notice stating that:
(a) service from the underground facilities is available;
(b) the landowner has 60 days after the date of the mailing of the notice to convert all overhead electric or communication facilities providing service to any structure or improvement located on the landowner's lot or parcel to underground service facilities; and
(c) after the 60-day period following the date of the mailing of the notice, the governing body will order the public utility to disconnect and remove all overhead electric and communication facilities providing service to any structure or improvement within the area.
History: En. Sec. 28, Ch. 429, L. 1971; R.C.M. 1947, 70-628; amd. Sec. 19, Ch. 526, L. 1983; amd. Sec. 1994, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-354. Conversion of facilities on private property

69-4-354. Conversion of facilities on private property.
(1) Any conversion of electric or communication service facilities, including service connections, located on a privately owned lot or parcel shall be made, at the expense of the landowner, by the public utility owning the facility. The conversion shall be made in accordance with applicable safety rules, codes, regulations, tariffs, or ordinances. The public utility shall not be required to convert service lines on property, other than public lands and right-of-way, until the landowner furnishes to the public utility a permit or easement authorizing the public utility and its employees, agents, and contractors to enter upon real property of the landowner for the purpose of performing conversion work thereon.
(2) Upon completion of the conversion of overhead electric or communication service facilities on privately owned lots and parcels within a district, the public utility shall file with the governing body a verified statement of the costs of the conversion of such service facilities of each landowner in the district. Promptly thereafter, the governing body shall mail to each landowner a copy of such verified statement, which shall be due and payable within 30 days or as otherwise provided by the public utility.
History: En. Sec. 29, Ch. 429, L. 1971; R.C.M. 1947, 70-629.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-355. Procedure upon failure to effect conversion on private property

69-4-355. Procedure upon failure to effect conversion on private property.
If the owner of any structure or improvement served from the overhead electric or communication service facilities within an underground assessment district does not grant the utility a permit or easement referred to in 69-4-354 or if an owner fails to convert to underground service facilities within 60 days after the mailing to the owner of the notice provided by 69-4-353, the governing body shall order the public utility to complete the conversion and to disconnect and remove all overhead facilities, including service facilities, providing service to the structure or improvement.
History: En. Sec. 30, Ch. 429, L. 1971; R.C.M. 1947, 70-630; amd. Sec. 1995, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-356. Payment of public utility

69-4-356. Payment of public utility.
(1) Upon completion of the conversion contemplated by this part, the public utility shall present the governing body with its verified bill for conversion costs as computed pursuant to 69-4-314, but based upon the actual cost of constructing the underground facility rather than the estimated cost of the facility. In the event the conversion costs are less than the estimated conversion costs, each assessed owner within the improvement district shall receive the benefit, prorated in such form and at such time or times as the governing body may determine. The bill of the public utility shall be paid within 30 days by the governing body from the improvement district funds or such other source as is properly designated by the governing body.
(2) In determining the actual cost of constructing the underground facility, the public utility shall use its standard accounting procedures, such as the uniform system of accounts as defined by the federal communications commission, federal power commission, or Montana public service commission and as is in use at the time of the conversion by the public utility involved.
History: En. Sec. 31, Ch. 429, L. 1971; R.C.M. 1947, 70-631.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-357. Prohibition on reinstallation of overhead facilities

69-4-357. Prohibition on reinstallation of overhead facilities.
Once removed, no overhead electric or communication facilities shall be installed in a special improvement district for conversion of overhead electric and communication facilities, except as authorized by this part.
History: En. Sec. 32, Ch. 429, L. 1971; R.C.M. 1947, 70-632.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 3. Underground Conversion of Utilities › 69-4-358. Postponement of conversion until certain actions occur

69-4-358. Postponement of conversion until certain actions occur.
If a special improvement district is established pursuant to this part, the public utility involved shall not be required to commence conversion until the ordinance, the assessment roll, and the issuance of bonds have become final and until no civil action has been filed or if civil action has been filed, until the decision of the court upon the action has become final and is not subject to further appeal.
History: En. Sec. 35, Ch. 429, L. 1971; R.C.M. 1947, 70-635.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 4. Relocation of Overhead Utility Lines › 69-4-401. Definitions

69-4-401. Definitions.
As used in this part, the following definitions apply:
(1) "Agricultural improvement" includes, without limitation, sprinkler irrigation systems.
(2) "Overhead utility line" means a facility for the transmission or distribution of electricity or telephone messages along wires or cables suspended above the ground between single or double poles and their respective anchors.
History: En. 24-201 by Sec. 1, Ch. 123, L. 1975; R.C.M. 1947, 24-201.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 4. Relocation of Overhead Utility Lines › 69-4-402. Petition for relocation of overhead line

69-4-402. Petition for relocation of overhead line.
An owner of agricultural land across which an overhead utility line has been constructed may petition the district court for an order for relocation of the line for the purpose of installing an agricultural improvement. The petition shall set forth the nature of the proposed agricultural improvement, the increase in productivity of the land anticipated to result from the improvement, and a feasible alternative route, across other land to be provided by the petitioner at no cost to the owner of the overhead utility line.
History: En. 24-202 by Sec. 2, Ch. 123, L. 1975; R.C.M. 1947, 24-202.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 4. Relocation of Overhead Utility Lines › 69-4-403. Hearing and order

69-4-403. Hearing and order.
The district court shall, upon notice to the owner of the overhead utility line, hear evidence bearing upon the matters presented in the petition. If the evidence establishes a substantial improvement in agricultural productivity and the feasibility of the relocated route, the court shall grant or modify and grant, as modified, the petition and order the owner of the line to relocate the line.
History: En. 24-203 by Sec. 3, Ch. 123, L. 1975; R.C.M. 1947, 24-203.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 4. Relocation of Overhead Utility Lines › 69-4-404. Costs of relocation

69-4-404. Costs of relocation.
The costs of relocating an overhead utility line as ordered under 69-4-403 must be paid by the owner of the land.
History: En. 24-204 by Sec. 4, Ch. 123, L. 1975; R.C.M. 1947, 24-204; amd. Sec. 1, Ch. 141, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-504. Information to be part of architects' and engineers' plans

69-4-504. Information to be part of architects' and engineers' plans.
(1) Architects and engineers designing projects requiring excavation in or adjacent to any public street, alley, or right-of-way dedicated to public use or utility easement shall obtain information from underground facility owners and then make the information a part of the plan by which the contractors operate. The underground facility owners shall make available all records showing the locations of underground facilities and shall provide engineering locate requests pursuant to 69-4-503.
(2) This section does not excuse a person from the obligation imposed by 69-4-502 when excavating.
History: En. Sec. 8, Ch. 180, L. 1971; R.C.M. 1947, 32-4808; amd. Sec. 2, Ch. 43, L. 1983; amd. Sec. 4, Ch. 286, L. 1991; amd. Sec. 4, Ch. 179, L. 1997; amd. Sec. 16, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-505. Repealed

69-4-505. Repealed.
Sec. 19, Ch. 326, L. 2017.
History: (1)En. Sec. 4, Ch. 180, L. 1971; Sec. 32-4804, R.C.M. 1947; (2)En. Sec. 5, Ch. 180, L. 1971; Sec. 32-4805, R.C.M. 1947; (3)En. Sec. 6, Ch. 180, L. 1971; Sec. 32-4806, R.C.M. 1947; R.C.M. 1947, 32-4804, 32-4805, 32-4806; amd. Sec. 2, Ch. 544, L. 2005.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-506. Repealed

69-4-506. Repealed.
Sec. 6, Ch. 179, L. 1997.
History: En. Sec. 7, Ch. 180, L. 1971; R.C.M. 1947, 32-4807.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-507. Public authority -- liability

69-4-507. Public authority -- liability.
A public authority, as defined in 18-1-201, that has jurisdiction over a right-of-way is not liable for improper or unauthorized installations made by persons or entities other than the public authority or those acting at its discretion.
History: En. Sec. 5, Ch. 286, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-508. Emergency location and excavation

69-4-508. Emergency location and excavation.
(1) When an emergency excavation is required, the excavator shall notify the notification center. An underground facility owner shall respond as soon as is practical after notification.
(2) Making an emergency locate request or an emergency excavation that is not an emergency locate request or an emergency excavation as those terms are defined constitutes a false alarm pursuant to 45-7-204 and is subject to the penalties under 45-7-204.
History: En. Sec. 5, Ch. 179, L. 1997; amd. Sec. 17, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-511. Repealed

69-4-511. Repealed.
Sec. 6, Ch. 179, L. 1997.
History: En. Sec. 1, Ch. 184, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-512. Judicial review

69-4-512. Judicial review.
(1) An excavator subject to repair costs may have repair costs reviewed by a court of competent jurisdiction.
(2) An excavator or underground facility owner subject to a civil penalty in accordance with 69-4-524 or 69-4-525 may have the civil penalty reviewed by a court of competent jurisdiction as provided in 2-4-702.
History: En. Sec. 3, Ch. 544, L. 2005; amd. Sec. 18, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-513. Repealed

69-4-513. Repealed.
Sec. 19, Ch. 326, L. 2017.
History: En. Sec. 4, Ch. 544, L. 2005.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-514. Repealed

69-4-514. Repealed.
Sec. 19, Ch. 326, L. 2017.
History: En. Sec. 5, Ch. 544, L. 2005.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-520. Underground facility protection advisory council

69-4-520. Underground facility protection advisory council.
(1) There is an underground facility protection advisory council consisting of 11 members.
(2) Members must be appointed by the governor as follows:
(a) one member representing owners or operators of an underground facility that is a jurisdictional pipeline in Montana that is not a public utility as defined in 69-3-101;
(b) one member representing a public utility, as defined in 69-3-101, that owns an underground facility that is a jurisdictional pipeline in Montana;
(c) one member representing a public utility, as defined in 69-3-101, that owns an underground facility that is an electric distribution or transmission line in Montana;
(d) one member representing a rural electric cooperative operating in Montana;
(e) one member representing a telecommunications provider with more than 50,000 subscriber lines in Montana;
(f) one member representing a telecommunications provider with less than 50,000 subscriber lines in Montana;
(g) one member representing a municipal sewer or water system or a municipal water supply system established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44;
(h) one member representing a local government utility that is a county or consolidated city and county water or sewer district as defined in Title 7, chapter 13, parts 22 and 23;
(i) one member representing an authority as defined in 75-6-304; and
(j) two members representing excavators.
(3) The council's membership may not include more than one representative from the same partnership, firm, joint venture, corporation, association, municipality, governmental unit, department, or agency, including corporate subsidiaries or affiliates.
(4) The council is allocated to the department of labor and industry for administrative purposes only as prescribed in 2-15-121.
(5) The appointed members serve staggered terms of 3 years. The initial appointments are as follows: two members for 1-year terms, four members for 2-year terms, and five members for 3-year terms.
(6) Members of the council are not entitled to compensation for their services.
History: En. Sec. 1, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-521. Duties of council

69-4-521. Duties of council.
(1) The council shall meet at least annually to advise the department in its administration of this part.
(2) To promote efficiency, cost-effectiveness, and safety, the council shall work cooperatively with:
(a) the department;
(b) underground facility owners and their representatives;
(c) excavators;
(d) property owners; and
(e) interested members of the public.
(3) The council shall:
(a) advise the department in its duty to collect civil penalties in accordance with 69-4-524 and 69-4-525;
(b) provide recommendations to the department in determining grants awarded in accordance with 69-4-528;
(c) assist the department in the mediation and resolution of disputed civil penalties in accordance with 69-4-526; and
(d) advise the department on other significant matters concerning the administration and enforcement of this part, including rulemaking.
History: En. Sec. 2, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-522. Duties of department -- rulemaking

69-4-522. Duties of department -- rulemaking.
(1) The department shall:
(a) assess civil penalties pursuant to 69-4-524 and 69-4-525;
(b) maintain incident reports;
(c) collect fees from underground facility owners in accordance with rules adopted pursuant to 69-4-502(4)(a) and subsection (2)(c) of this section;
(d) collect fines for failures to file incident reports in accordance with 69-4-529;
(e) award grants in accordance with 69-4-528; and
(f) conduct mediation and contested cases regarding disputed civil penalties in accordance with 69-4-526.
(2) The department shall adopt rules to implement this part. Rules must provide for the:
(a) assessment and collection of civil penalties provided for in 69-4-524 and 69-4-525;
(b) reporting and collection of incident reports pursuant to 69-4-529;
(c) collection of annual fees of up to $0.10 per outgoing locate request issued to each individual underground facility owner by a notification center. The fee must be based on the number of outgoing locate requests that an underground facility owner received in the previous 12-month period.
(d) procedures, including but not limited to application and filing requirements for mediation and the review of disputed penalties; and
(e) procedures for grant funding authorized in 69-4-528. The rules for grant funding must include but are not limited to:
(i) eligibility requirements for notification centers applying for grants;
(ii) criteria for awarding grants; and
(iii) reporting procedures for grant recipients.
(3) Rules must be adopted pursuant to the Montana Administrative Procedure Act.
(4) The department may take into account and rely on findings made by a notification center or other nonprofit entities to assist in making determinations necessary for the assessment of a civil penalty.
History: En. Sec. 3, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-523. Tort liability for underground facility damage

69-4-523. Tort liability for underground facility damage.
(1) (a) Except as provided in subsection (1)(b), an excavator who damages an underground facility is liable for the entire cost of the repair of the underground facility.
(b) If an underground facility is damaged because an underground facility owner failed to complete a locate in accordance with 69-4-503 or provided an inaccurate locate or marks, the underground facility owner who failed to complete the locate or provided an inaccurate locate or marks is responsible for the entire cost of the repair of the underground facility.
(c) Liability in accordance with this subsection (1) is not a bar to other appropriate civil remedies for damages.
(2) Paying a civil penalty in accordance with this part is not:
(a) an admission of liability; or
(b) a bar to other appropriate civil remedies.
(3) If a person damages an underground facility and there is a release of gas or a hazardous liquid, the person shall call 9-1-1 immediately and request emergency services.
(4) If an excavator damages an underground facility, the excavator shall:
(a) immediately make a 9-1-1 call and request emergency services, if the underground facility is a jurisdictional pipeline and there is a release of gas or a hazardous liquid; and
(b) as soon as practicable, contact the owner of the underground facility. If the excavator is unable to reach the underground facility owner, the excavator shall contact the proper notification center.
(5) This section may not be construed to require the involvement of the department in civil remedies for damages.
History: En. Sec. 4, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-524. Underground facilities damage -- excavator civil penalties

69-4-524. Underground facilities damage -- excavator civil penalties.
(1) Except as provided in 69-4-529(3), within 14 days of receiving an incident report in accordance with 69-4-529, the department shall issue a civil penalty in accordance with this section.
(2) Except as provided in subsection (4), if an excavator damages an underground facility that is not a jurisdictional pipeline, the civil penalty is the greater of $50 or twice the amount of the last civil penalty issued to the excavator, not to exceed $10,000.
(3) Except as provided in subsection (4), if an excavator damages an underground facility that is a jurisdictional pipeline, the civil penalty is the greater of $100 or three times the last civil penalty issued to the excavator, not to exceed $25,000.
(4) If the excavator is also the property owner, the penalties are half the amount established in subsections (2) and (3).
(5) (a) For the purposes of this section and subject to subsections (5)(b) and (5)(c), the last civil penalty is the dollar amount of the civil penalty that would have been issued to the excavator under this part based on incidents occurring in the lesser of:
(i) the last 100 requests for a locate made by the excavator; or
(ii) a rolling 12-month period based on the incident date.
(b) If an incident is subject to subsection (2), the civil penalty must be calculated as if all previous incidents were subject to subsection (2).
(c) If an incident is subject to subsection (3), the civil penalty must be calculated as if all previous incidents were subject to subsection (3).
History: En. Sec. 5, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-525. Underground facilities damage -- underground facility owner civil penalties

69-4-525. Underground facilities damage -- underground facility owner civil penalties.
(1) Except as provided in 69-4-529(3), within 14 days of receiving an incident report in accordance with subsection (2), the department shall issue a civil penalty in accordance with this section.
(2) If an incident is reported because a locate and mark was not properly completed or if the locate and marks provided were not reasonably accurate for locatable underground facilities, the underground facility owner shall be assessed a civil penalty in accordance with subsections (3) and (4).
(3) Except as provided in subsection (5), if the incident involves an underground facility that is not a jurisdictional pipeline, the civil penalty is the greater of $50 or twice the last civil penalty issued to the underground facility owner, not to exceed $10,000.
(4) Except as provided in subsection (5), if the incident involves an underground facility that is a jurisdictional pipeline, the civil penalty is the greater of $100 or three times the last civil penalty issued to the underground facility owner, not to exceed $25,000.
(5) If an underground facility owner is not a member of a notification center pursuant to 69-4-502(3), the penalties included in subsections (3) and (4) double.
(6) (a) For the purposes of this section and subject to subsections (6)(b) and (6)(c), the last civil penalty is the dollar amount of the civil penalty that would have been issued to the underground facility owner under this part based on incidents occurring in the lesser of:
(i) the last 100 outgoing locate requests made to the underground facility owner; or
(ii) a rolling 12-month period based on the incident date.
(b) If an incident is subject to subsection (3), the civil penalty must be calculated as if all previous incidents were subject to subsection (3).
(c) If an incident is subject to subsection (4), the civil penalty must be calculated as if all previous incidents were subject to subsection (4).
History: En. Sec. 6, Ch. 326, L. 2017.