SB 487-1_ Filed 03/30/2009, 13:49
Your Committee on Commerce, Energy, Technology and Utilities , to which was
referred Senate Bill 487 , has had the same under consideration and begs leave to report
the same back to the House with the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (09)CR048701.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 8-1-2.6-4; (09)CR048701.1. -->
"SECTION 1. IC 8-1-2.6-4, AS AMENDED BY P.L.27-2006,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. (a) A regulatory flexibility committee is
established to monitor competition in the telecommunications industry.
(b) The committee is composed of the members of a house standing
committee selected by the speaker of the house of representatives and
a senate standing committee selected by the president pro tempore of
the senate. In selecting standing committees under this subsection, the
speaker and president pro tempore shall determine which standing
committee of the house of representatives and the senate, respectively,
has subject matter jurisdiction that most closely relates to the
electricity, gas, energy policy, and telecommunications jurisdiction of
the regulatory flexibility committee. The chairpersons of the standing
committees selected under this subsection shall co-chair the regulatory
(c) The commission shall, by July 1 of each year, prepare for
presentation to the regulatory flexibility committee a report that
includes the following:
(1) An analysis of the effects of competition and technological
change on universal service and on pricing of all
telecommunications services offered in Indiana.
(2) An analysis of the status of competition and technological
change in the provision of video service (as defined in
IC 8-1-34-14) to Indiana customers, as determined by the
commission in carrying out its duties under IC 8-1-34. The
commission's analysis under this subdivision must include a
(A) the number of multichannel video programming
distributors offering video service to Indiana customers;
(B) the technologies used to provide video service to Indiana
(C) the effects of competition on the pricing and availability of
video service in Indiana.
(3) Beginning with the report due July 1, 2007, and in each report
due in an odd-numbered year after July 1, 2007:
(A) an identification of all telecommunications rules and
policies that are eliminated by the commission under section
4.1 of this chapter during the two (2) most recent state fiscal
(B) an explanation why the telecommunications rules and
policies identified under clause (A) are no longer in the public
interest or necessary to protect consumers.
(4) Beginning with the report due July 1, 2010, best practices
concerning vertical location of underground facilities for
purposes of IC 8-1-26. A report under this subdivision must
address the viability and economic feasibility of technologies
used to vertically locate underground facilities.
(d) In addition to reviewing the commission report prepared under
subsection (c), the regulatory flexibility committee shall also issue a
report and recommendations to the legislative council by November 1
of each year that is based on a review of the following issues:
(1) The effects of competition and technological change in the
telecommunications industry and impact of competition on
available subsidies used to maintain universal service.
(2) The status of modernization of the publicly available
telecommunications infrastructure in Indiana and the incentives
required to further enhance this infrastructure.
(3) The effects on economic development and educational
opportunities of the modernization described in subdivision (2).
(4) The current methods of regulating providers, at both the
federal and state levels, and the effectiveness of the methods.
(5) The economic and social effectiveness of current
telecommunications service pricing.
(6) All other telecommunications issues the committee deems
The report and recommendations issued under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
(e) The regulatory flexibility committee shall meet on the call of the
co-chairpersons to study telecommunications issues described in
subsection (d). The committee shall, with the approval of the
commission, retain the independent consultants the committee
considers appropriate to assist the committee in the review and study.
The expenses for the consultants shall be paid by the commission.".
SOURCE: Page 4, line 16; (09)CR048701.4. -->
Page 4, line 16, delete "fine" and insert " civil penalty".
Page 4, line 32, delete "adequately identify the site of the" and insert
" provide to the association the physical location of the proposed
excavation or demolition by one (1) of the following means:
(A) A street address.
(B) A legal description of the location.
(C) A highway location using highway mile markers or
Page 4, delete lines 33 through 34.
Page 4, line 37, delete "A notice expires twenty (20)".
Page 4, line 38, delete "days after the date on which the notice is
Page 6, delete lines 27 through 35, begin a new paragraph and
" (h) A person that:
(1) causes damage to a pipeline facility located in an area of
excavation or demolition;
(2) is required to perform white lining under subsection
(3) fails to perform white lining before an operator of a
pipeline facility arrives at the site of the proposed excavation
or demolition to mark the operator's pipeline facilities;
may be subject to a civil penalty in an amount recommended by the
advisory committee and approved by the commission, not to exceed
ten thousand dollars ($10,000).".
Page 10, line 3, delete "." and insert " or provides incorrect facility
Page 11, line 23, delete "underground" and insert " pipeline".
Page 12, line 17, delete "nine (9)" and insert " seven (7)".
Page 12, delete lines 19 through 30, begin a new line block indented
" (1) One (1) member representing the association.
(2) One (1) member representing investor owned gas utilities.
(3) One (1) member representing operators of pipeline
facilities or pipelines.
(4) One (1) member representing municipal gas utilities.
(5) Two (2) members representing commercial excavators.
(6) One (1) member representing providers of facility locate
Page 12, delete line 42, begin a new paragraph and insert:
" (g) The pipeline safety division shall investigate alleged
violations of this chapter. If the pipeline safety division finds that
a person has violated this chapter, the pipeline safety division shall
forward its finding to the advisory committee.
(h) The advisory committee shall act in an advisory capacity to
the commission concerning the implementation and enforcement
of this chapter. In this capacity, the advisory committee may
recommend the following penalties with respect to persons that the
pipeline safety division has found to violate this chapter:
(1) Civil penalties consistent with this chapter.
(2) Participation in education or training programs developed
and implemented by the commission.
(3) Warning letters.
(4) Development of a plan to avoid future violations of this
Before making a recommendation under this subsection, the
advisory committee shall provide notice to the person found to be
in violation of this chapter of an opportunity to appear before the
advisory committee with respect to the violation.
(i) Upon receiving a recommendation from the advisory
committee under subsection (h), and after notice and opportunity
for a public hearing, the commission shall do the following as
(1) Uphold or reverse the finding of a violation by the pipeline
safety division under subsection (g).
(2) Approve or disapprove each recommendation of the
(3) Collect any civil penalties and deposit the penalties in the
underground plant protection account.".
Page 13, delete lines 1 through 21.
Page 14, line 3, delete "23(h)" and insert " 23(i)".
Page 14, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 8-1-26-25; (09)CR048701.21. -->
"SECTION 21. IC 8-1-26-25 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 25. An operator of a pipeline facility that violates this
chapter may be subject to a civil penalty imposed by the
commission under IC 8-1-22.5 in addition to a penalty or fine
imposed under this chapter.
SOURCE: IC 8-1-26-26; (09)CR048701.22. -->
SECTION 22. IC 8-1-26-26 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 26. The commission shall adopt rules under
IC 4-22-2 to carry out its responsibilities under this chapter.
Renumber all SECTIONS consecutively.
(Reference is to SB 487 as reprinted February 18, 2009.)
and when so amended that said bill do pass.
CR048701/DI 75 2009