Local Government Utility Relocation in Right-of-Way
The bill requires Before beginning a road improvement project and if the scope of a proposed road improvement project changes, a local governments government is required to notify any affected utility companies company of the details of the road improvement projects and establishes the process by which local governments and utility companies may enter into agreements governing the relocation of utility facilities. project, including the proposed design, funding details, the specifics of the utility conflict, and the estimated timeline for the project and utility relocation. The bill requires local governments and utility companies to coordinate on road improvement projects necessitating the removal, relocation, or alteration of utility lines in a local government's right-of-way and to commit to a schedule for utility relocation by means of either a utility relocation agreement or a clearance letter. If the actions of a utility company unreasonably delay the utility relocation schedule or the schedule of the road improvement project, The bill identifies required components for a clearance letter, including the scope of the utility relocation, a schedule and coordination requirements for the utility relocation, accountability for traffic management and the discovery of hazardous materials, a dispute resolution mechanism, and requirements for prompt performance, staking, and project approval. A clearance letter must also provide that the utility company must pay for the costs actual damages associated with the its delay in the performance of the utility relocation, except those caused by a force majeure, the discovery of hazardous materials, or a change in the scope or schedule of the road improvement project. The bill also outlines the timeline and process for a local government to accept or reject a completed utility relocation. The bill does not alter the terms of any franchises or licenses granted pursuant to statute or the state constitution.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)