Title 69, Title 69

(1) A utility may allow customers to opt-in to the installation of all advanced metering gateway devices located at an end user's residence or business. (2) A utility may charge customers who opt in to advanced metering gateway device installation additional fees or charges relat…

A telegraph, telephone, electric light, natural gas, or electric power line corporation or public body or any other person owning or operating a telegraph, telephone, electric light, or electric power line or natural gas pipeline is authorized to install its respective plants and…

(1) As used in this section: (a) "new service area" means any subdivision or group of newly constructed or newly installed dwellings (including mobile homes) or commercial buildings which, when occupied, will generate at least five contracts for the supply of electricity; and (b)…

(1) A utility, as defined in 69-5-102, may remove or alter any vegetation or other material within a utility right-of-way or easement if the utility: (a) determines that the removal or alteration is reasonably necessary for the safe repair, use, operation, or maintenance of the u…

As used in 69-4-106 through 69-4-108, unless the context clearly indicates otherwise, the following definitions apply: (1) "Advanced transmission technology" means a technology that increases the capacity, efficiency, and reliability of an existing or new transmission facility. F…

(1) A public utility, as defined in 69-3-101, may request a certificate of public convenience and necessity from the commission prior to commencing actual construction work on an electric transmission facility that is rated higher than 69 kilovolts. (2) If the utility requests a …

(1) A public utility may apply to the commission for advanced cost approval of transmission lines and related facilities not yet procured, provided the utility complies with 69-4-107. (2) Within 45 days of a utility's application for advanced cost approval, the commission shall d…

It is the purpose of this part to impose a substantial civil penalty upon those persons who, at the cost of their fellow citizens, obtain utility services at less than their true value through bypassing or tampering as defined in 69-4-1102. This part does not supersede or replace…

As used in this part, unless the context otherwise requires, the following definitions apply: (1) "Bypassing" means any act, using any means, the purpose of which is to obtain utility service without having such service pass through the authorized meter provided for measuring or …

(1) A person who bypasses or tampers, either for the person's own benefit or the benefit of another, is liable to the affected utility as provided in 69-4-1104 for services actually provided by the utility. Collection under subsection (2) precludes collection under this subsectio…

A utility may institute a civil action against a person described in 69-4-1103 to recover the reasonable value of the services actually provided to the person. Upon a finding that such person is liable to the utility, the court may enter judgment against the person for up to thre…

(1) The national electrical safety code standards govern all construction involving wires for power, heat, light, telephone, telegraph, or signal transmission or reception. Except as provided in 69-4-203, electrical construction of overhead and underground electrical supply and c…

Section 69-4-201 does not apply to: (1) interstate railroad electrification construction except where the wires of the railroad cross or are crossed by wires belonging to others; or (2) any electrical construction of any person using the construction for power wires if: (a) the c…

All ordinances or parts of ordinances of cities and towns in the state in conflict with the national electrical safety code are repealed. No ordinance in conflict with any provisions of the national electrical safety code may be enacted in any city or town in the state, and any s…

Every corporation or joint-stock company or individual which violates 69-4-201 is guilty of a misdemeanor.

This part shall be known and cited as the "Underground Conversion of Utilities Law".

(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 dis…

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, pol…

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.

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.

(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 sp…

(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 resol…

(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.…

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 ser…

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 operat…

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 undergr…

(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…

(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…

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 serv…

(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 t…

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.

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 ci…

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 …

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 agri…

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 co…

The costs of relocating an overhead utility line as ordered under 69-4-403 must be paid by the owner of the land.

The following definitions apply to this part: (1) "Agricultural locate request" means a request for a locate and mark that is requested based on the perimeter boundary of an agricultural field: (a) by a property owner or excavator prior to agricultural activity; or (b) by a prope…

(1) (a) Except as provided in subsection (2), an excavator may not make or begin an excavation without first obtaining information concerning the possible location of an underground facility from each underground facility owner having the right to bury underground facilities that…

(1) Before beginning an excavation, the excavator shall notify, through a notification center, all owners of underground facilities in the area of the proposed excavation. Except as provided in subsection (9), notifications are limited to excavation work intended to commence with…

(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 …

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.

(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 loc…

(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 compet…

(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…

(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 representa…

(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 …