Bills · 2021-2022 Regular Session
Relating to: relocation of utilities in a highway right-of-way, modifying administrative rules promulgated by the Department of Transportation, and providing an exemption from emergency rule procedures. (FE)
Administrative rules Public utility Road — Construction and repair Transportation department of — Roads Transportation department of — Vehicles
- Introduced, stopped here
- Passes Senate, not reached
- Passes Assembly, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
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.