Alabama 2023 Regular Session

Alabama House Bill HB299 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB299INTRODUCED
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3	3	CYLPQJ-1
4	4	By Representatives Smith, Shedd, Crawford, McCampbell
5	5	RFD: Transportation, Utilities and Infrastructure
6	6	First Read: 12-Apr-23
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11	11	5 CYLPQJ-1 04/11/2023 CMH (L)bm 2023-1453
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13	13	SYNOPSIS:
14	14	Under existing law, the Director of
15	15	Transportation may order the relocation of a utility
16	16	facility when the relocation is necessary as a result
17	17	of various circumstances.
18	18	This bill would specify that the Director of
19	19	Transportation may order the relocation of utilities
20	20	located within the public right-of-way and would
21	21	clarify the process for a utility receiving a
22	22	reimbursement for its relocation expenses.
23	23	A BILL
24	24	TO BE ENTITLED
25	25	AN ACT
26	26	Relating to highways; to amend Section 23-1-5, Code of
27	27	Alabama 1975, to further provide for the relocation of
28	28	utilities; and to further provide for the reimbursement
29	29	process for various expenses associated with the relocation.
30	30	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31	31	Section 1. Section 23-1-5, Code of Alabama 1975, is
32	32	amended to read as follows:
33	33	"§23-1-5
34	34	(a)(1) Whenever the Director of Transportation shall
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64	64	determine and order determines and orders that the relocation
65	65	of any utility facility then located within the state
66	66	right-of-way is necessitated by the construction of any
67	67	project on the national system of interstate and defense
68	68	highways, including the extensions thereof within urban areas,
69	69	the utility owning or operating the utility facility shall
70	70	relocate the facility to another location within the state
71	71	right-of-way in accordance with the order of the Director of
72	72	Transportation.
73	73	(2) Notwithstanding the foregoingsubdivision (1), if
74	74	the cost of the utility facility relocation is eligible and
75	75	approved for reimbursement by the federal government, the cost
76	76	of the relocation of the utility facility shall be paid by the
77	77	state as a part of the cost of the construction of the project
78	78	out of the funds then or thereafter available for the highway
79	79	construction after the utility has furnished the Director of
80	80	Transportation with alla verified statement of the costs of
81	81	the relocation and any other papers, records, or otherand
82	82	supporting documents as are required by the directorfederal
83	83	law. After the final federal Bureau of Public Roads' audit,
84	84	the utility shall repay to the state the differenceexcess, if
85	85	any, between the total amount paid by the state to the utility
86	86	for the relocation and the total amount collected by the state
87	87	from federal participation on the utility relocation, plus the
88	88	state's matching share of the federal participation.
89	89	(b)(1) Whenever the Director of Transportation shall
90	90	determine and order determines and orders that the relocation
91	91	of any utility facility then located within a state
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121	121	right-of-way is necessitated by the construction of any
122	122	highway, road, or street, other than the highways that are a
123	123	part of the national system of interstate and defense highways
124	124	referred to in subsection (a) of this section , the utility
125	125	owning or operating the facility , including any utility owned
126	126	or operated by a corporation organized pursuant to Article 8,
127	127	Chapter 50, of Title 11, shall relocate the facility to
128	128	another location within the state right-of-way in accordance
129	129	with the order of the Director of Transportation .at its own
130	130	expense
131	131	(2) The utility shall be reimbursed for its costs of
132	132	relocating the utility facility after the utility has
133	133	furnished the Director of Transportation with a verified
134	134	statement of the costs of relocation. The reimbursement shall
135	135	be paid by the state as a part of the cost of the construction
136	136	of the project. The Department of Transportation shall make
137	137	adequate provision for the costs of relocation in the costs of
138	138	the construction of the project .
139	139	(3) Notwithstanding the foregoingsubdivision (2), if
140	140	the utility facilities to be relocated are owned by any
141	141	utility whichthat had a gross income of more than two hundred
142	142	fifty million dollars ($250,000,000) or less for the calendar
143	143	year immediately preceding the relocation, or in the case of
144	144	utilities which may be hereafter organized and created,
145	145	whichthathavehas a gross income of more than two hundred
146	146	fifty million dollars ($250,000,000) or less in their first
147	147	complete year of operation or in the calendar year immediately
148	148	preceding the relocation or, in the casecosts of utilities
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178	178	owned or operated by a corporation organized pursuant to
179	179	Article 8, Chapter 50, Title 11, the cost of the relocation of
180	180	the utility facility shall not be paid by the state as a part
181	181	of the cost of the construction of the project out of the
182	182	funds then or thereafter available for the highway
183	183	construction after the utility has furnished the Director of
184	184	Transportation with all papers, records, or other supporting
185	185	documents required by the director. After the final federal
186	186	Bureau of Public Roads' audit, the utility shall repay to the
187	187	state the difference, if any, between the total amount paid by
188	188	the state to the utility for the relocation and the total
189	189	amount collected by the state from federal participation on
190	190	the utility relocation, plus the state's matching share of the
191	191	federal participation .
192	192	(c) The Director of Transportation may enter into
193	193	contracts or agreements and conform any existing contracts or
194	194	agreements with utilities in order to effectuate the purposes
195	195	of this section.
196	196	(d) The word "utility" shall include publicly,
197	197	privately, and cooperatively owned utilities. The words
198	198	cost"costs of relocation," as used in subsection (b), shall
199	199	include the entire amount paid by the utility properly
200	200	attributable to the relocation of facilities in the state
201	201	right-of-way when the area of relocation is in excess of
202	202	one-half mile of roadway and after deducting therefrom any
203	203	increase in the value of the new facility and any salvage
204	204	value derived from the old facility. The words "national
205	205	system of interstate and defense highways " mean the national
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235	235	system of interstate and defense highways or interstate system
236	236	described in subsection (d) of Section 103 of Title 23, United
237	237	States Code23 U.S.C. § 103(b) ."
238	238	Section 2. This act shall become effective on the first
239	239	day of the third month following its passage and approval by
240	240	the Governor, or its otherwise becoming law.
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