House Bill 1501

AN ACT TO DEFINE THE DUTY OF CARE OWED TO THE PUBLIC BY PUBLIC UTILITIES WITH RESPECT TO THE PLACEMENT OF PUBLIC UTILITY FACILITIES ON OR ADJACENT TO RIGHTS-OF-WAY OF HIGHWAYS, ROADS, STREETS AND BRIDGES; TO PROVIDE THAT PROPERTY OWNERS WHO ARE NOT THE OWNERS OR OPERATORS OF A PUBLIC UTILITY OWE NO DUTY TO THE PUBLIC REGARDING THE PLACEMENT OF PUBLIC UTILITY FACILITIES; TO DEFINE THE TERM "PUBLIC UTILITY FACILITIES" AS USED IN THIS ACT; TO BRING FORWARD SECTION 11-27-43, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES CERTAIN REQUIREMENTS TO WHICH ELECTRIC UTILITIES MUST ADHERE IN ERECTING AND MAINTAINING UTILITY POLES AND LINES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The duty of care owed to the public by owners and operators of public utility facilities located adjacent to a highway, road, street or bridge in this state is satisfied when:

(a) With respect to state highways, the public utility facilities comply with the provisions of the applicable edition of the National Electrical Safety Code for structure placement relative to roadways.

(b) With respect to roads, streets and bridges that are not part of the state highway system, the public utility facilities located in a public right-of-way comply with the provisions of the applicable edition of the National Electrical Safety Code for structure placement relative to roadways.

(c) With respect to roads, streets and bridges that are not part of the state highway system, the public utility facilities located on private property comply with the provisions of the applicable edition of the National Electrical Safety Code for structure placement relative to roadways.

(d) With respect to structures, appurtenances, equipment or appliances whose placement or installation is not subject to the provisions of the National Electrical Safety Code, the public utility facilities comply with the provisions of the standards in effect when the structure, appurtenance, equipment or appliance is placed, installed or located adjacent to any highway, road, street or bridge in this state, whether or not a part of the state highway system.

(2) (a) The owner of a road, street, highway or bridge, which is not itself the owner or operator of a public utility, owes no duty to the public regarding or relating to the placement or location of public utility facilities within or appurtenant to the right-of-way of the road, street, highway or bridge.

(b) The owner of private property, which is not itself the owner or operator of a public utility, owes no duty to the public regarding or relating to the placement or location of public utility facilities on or appurtenant to the private property.

(3) For the purpose of this section, the term "public utility facilities" means pipes, mains, conduits, cables, wires, towers, poles and other structures, equipment or appliances, whether publicly or privately owned, installed or placed adjacent to any roadway by an owner or operator of a public utility facility.

SECTION 2. Section 11-27-43, Mississippi Code of 1972, is brought forward as follows:

11-27-43. All companies or associations of persons incorporated or organized for the purposes set forth in section 11-27-41 are authorized and empowered to erect, place and maintain their posts, wires and conductors along and across any of the public highways, streets or waters and along and across all turnpikes, railroads and canals, and also through any of the public lands, and to do such clearing as may be reasonably necessary for the proper protection, operation and maintenance of such facilities, provided in all cases such authorization shall meet the requirements of the National Electrical Safety Code. The same shall be so constructed and placed as not to be dangerous to persons or property; nor interfere with the common use of such roads, streets, or waters; nor with the use of the wires of other wire-using companies; or more than is necessary with the convenience of any landowner.

SECTION 3. This act shall take effect and be in force from and after July 1, 2002.