HB5037 Summary

• Property owners and lawfully leased tenants gain civil cause of action for injunctions against utility easement modifications that materially interfere with quiet enjoyment of residential property.

• Injunctions are limited to the duration of the current owner's or tenant's residential use, but successors must notify the utility within 90 days of acquiring title to continue objecting or forfeit the right.

• Easement modifications are presumptively interfering if they increase existing poles by more than 50% in height, add new poles exceeding neighboring poles by 20%, increase small cell wireless installations on poles, or install equipment boxes within 25 feet of driveways, sidewalks, front doors, or play areas.

• Wireless facility installations are presumed to interfere with quiet enjoyment unless the installer demonstrates a documented coverage gap exists through independent radio frequency engineering testing, with burden of proof on the installer.

• Utilities must provide residents first-class mail notice with "Legal Notice of Proposed Installation" on envelope, including installation reports, explanation of least-intrusive placement, designated contact person, and reports to local government and assessor's office regarding potential property depreciation.