Title 12. Underground Facilities — Subtitle 3. Conversion of Overhead Facilities

“Communication service” means the transmission of intelligence by electrical means.

“Communication service” includes the transmission of intelligence by telephone lines, telegraph lines, messenger–call, police, fire alarm, and traffic control circuits and circuits used to transmit standard television or radio signals.

“Electric or communication facility” means a works or improvement used or useful in providing electric service or communication service.

“Electric or communication facility” includes poles, supports, tunnels, manholes, vaults, conduits, ducts, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances.

“Electric or communication facility” does not include a facility that:

“Public agency” means a county, municipal corporation, special district, or public corporation that provides electric service or communication service to the public by means of an electric or communication facility.

“Public agency” does not include a county, municipal corporation, special district, or public corporation that conducts a proceeding for a conversion under this subtitle.

a public purpose will be served by providing a procedure to convert existing overhead electric or communication facilities to underground locations; and

it is in the public interest to provide for a conversion through proceedings established under this subtitle.

define generally the proposed conversion;

request that proceedings for the proposed conversion be initiated under this subtitle; and

describe the proposed conversion district by:

A petition for proceedings for a conversion must be signed by not less than 20 landowners within the proposed conversion district whose property constitutes more than 80% of the assessed value of property within the proposed conversion district.

For purposes of this subsection, the assessed value of the property shall be determined by the last assessment roll used by the county or municipal corporation.

order the conversion described in the petition; and

enter into an agreement with a public agency or public utility that provides for plans and specifications, contributions of labor, materials, or money, and payment for any work, improvement, or service proposed under the petition.

A legislative body, or its designated committee, need not provide notice and a public hearing under this section if, when considering the adoption of a resolution of intent, the legislative body finds and determines by four-fifths vote that, on or before the fifth day before the day that the resolution of intent will be considered for adoption, all of the landowners, or their agents, within the proposed conversion district to be assessed have signed and filed a petition with the clerk of the legislative body waiving their right to a public hearing.

A petition filed under paragraph (1) of this subsection shall include:

During the 15 days after the public hearing, if held, landowners within the proposed conversion district may certify the withdrawal of their names from the petition for conversion.

A petition for conversion shall be considered withdrawn if the number of landowners certifying their withdrawal is such that the remaining signatures of landowners on the petition constitute less than 50% of the total assessed value within the proposed conversion district.

The report shall include:

Engineering details and cost estimates included in the report may not be in any greater detail than necessary for the formulation of a judgment on the feasibility and expense of the proposed conversion.

when the notice required under § 12-309 of this subtitle is published; and

at the public hearing, if held, established in the notice.

at the start or on completion of the conversion, the public agency or public utility has legal title to the electric or communication facilities; and

the electric or communication facilities are:

the supplying of or approval by the public agency or public utility of plans and specifications related to the conversion and labor or materials to be used in the conversion; and

the performance by the public agency or public utility of all or part of the conversion or improvements and payment to the public agency or public utility for the conversion or improvements.

If the proceeding for a conversion is discontinued:

If the proposed conversion is completed, any engineering and other preliminary expenses incurred by the public agency or public utility shall be included as part of the cost of the conversion.

determine that the agreement is in the public interest; and

issue an order to approve the agreement, disapprove the agreement, or approve the agreement subject to specified conditions.

a description of the proposed conversion district;

the method of financing the conversion costs, including:

the amount and duration of property taxes to be levied in the conversion district each year for repayment of any bonds, evidence of indebtedness, or any advances from the general fund of the county or municipal corporation.

The contractor, public agency, public utility, county, or municipal corporation performing the conversion is responsible for the conversion of all electric or communication facilities to the point of attachment to any improvements located on property within the conversion district.

The conversion costs incurred under paragraph (1) of this subsection shall be included in the total conversion costs that are to be assessed against the property.

At least 15 days before the date of commencement of construction, the clerk of the legislative body of the county or municipal corporation shall mail a notice to each landowner within the conversion district that informs the landowner of the provisions of § 12-313 of this subtitle.

The clerk shall use the names and addresses from the most recent property assessment roll of the county or municipal corporation, or as otherwise known by the clerk.

a county, municipal corporation, public agency, or public utility; or

a department, agency, commission, or office of a county or municipal corporation.