§ 37-17-8 — Insurance Requirements

(a) Except as authorized under subsection (b), during the period in which the small wireless facilities of a wireless provider are located on or attached to the authority’s assets, including its poles, or rights-of-way, the authority may require a wireless provider to do both of the following:
(1) Carry, at the wireless provider’s sole cost and expense, the following types of third-party insurance:
a. Property insurance for the replacement cost of all small wireless facilities.
b. Workers’ compensation insurance, as required by law.
c. Commercial general liability insurance of at least two million dollars ($2,000,000) per occurrence, with respect to the wireless providers activities in, on, or around the authority improvements or rights-of-way, including coverage for bodily injury and property damage.
d. Environmental insurance.
(2) Include the authority and its officers, officials, agents, contractors, and employees as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the authority in a commercial general liability policy as reasonably required by the authority.
(b) In lieu of the requirements of subdivisions (1) and (2) of subsection (a), during the period in which the small wireless facilities of a wireless provider are located on or attached to the authority’s assets, including its poles, or rights-of-way, the authority may allow the wireless provider to provide a certificate of self-insurance, acceptable to the authority, that demonstrates that the wireless provider has adequate resources to self-insure in the amounts set forth in subdivision (a)(1).

Legislative History

(Act 2021-5, §8.)