AB 1111

This bill makes numerous changes to requirements relating to the relocation

of utility facilities located in a highway right-of-way. “Utility facility” means any

pipe, pipeline, duct, wire line, conduit, pole, tower, equipment, or other structure

used for transmission, distribution, or delivery of electrical power, light, heat, water,

gas, sewer, telegraph, or telecommunication services.

Under current law, if a utility facility is within the right-of-way of a proposed

highway project, the Department of Transportation must notify the owner, who must

then provide DOT with a description and general location of each utility facility. DOT

must then provide the owner with a set of plans for the proposed project. The owner

must submit a work plan to DOT proposing any relocations or adjustments to utility

facilities required by the proposed project. DOT must review work plans for

compliance with permit requirements and, once approved, notify the owner when

utility facility relocation work may begin. The bill creates deadlines by which the

various steps of this process must occur.

The bill provides that an owner must complete the work described in the work

plan according to the specified schedule. An owner must notify DOT immediately if

the owner cannot meet a scheduling deadline or must otherwise deviate from an

approved work plan.

The bill provides that, subject to conditions, DOT must compensate the

highway project contractor for delay costs that are the result of 1) DOT advertising

or letting a project prior to certification of completion of utility facility work; 2) DOT

advertising or letting a project that allows utility facility work after advertising or

during construction; 3) DOT allowing or requiring utility facility work after letting

and during construction that is different from the approved work plan or schedule;

or 4) any utility conflict not identified in the schedule, bid materials, or any bid

addendum within construction limits. Under the bill, an owner is liable to DOT for

any damage amounts.

The bill repeals administrative rules promulgated by DOT relating to utility

facilities relocation and requires DOT to promulgate rules to administer the utility

facilities relocation process, as modified by this bill.