HB299INTRODUCED
Page 0
CYLPQJ-1
By Representatives Smith, Shedd, Crawford, McCampbell
RFD: Transportation, Utilities and Infrastructure
First Read: 12-Apr-23
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5 CYLPQJ-1 04/11/2023 CMH (L)bm 2023-1453
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SYNOPSIS:
Under existing law, the Director of
Transportation may order the relocation of a utility
facility when the relocation is necessary as a result
of various circumstances.
This bill would specify that the Director of
Transportation may order the relocation of utilities
located within the public right-of-way and would
clarify the process for a utility receiving a
reimbursement for its relocation expenses.
A BILL
TO BE ENTITLED
AN ACT
Relating to highways; to amend Section 23-1-5, Code of
Alabama 1975, to further provide for the relocation of
utilities; and to further provide for the reimbursement
process for various expenses associated with the relocation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 23-1-5, Code of Alabama 1975, is
amended to read as follows:
"§23-1-5
(a)(1) Whenever the Director of Transportation shall
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determine and order determines and orders that the relocation
of any utility facility then located within the state
right-of-way is necessitated by the construction of any
project on the national system of interstate and defense
highways, including the extensions thereof within urban areas,
the utility owning or operating the utility facility shall
relocate the facility to another location within the state
right-of-way in accordance with the order of the Director of
Transportation.
(2) Notwithstanding the foregoingsubdivision (1), if
the cost of the utility facility relocation is eligible and
approved for reimbursement by the federal government, the cost
of the relocation of the utility facility shall be paid by the
state as a part of the cost of the construction of the project
out of the funds then or thereafter available for the highway
construction after the utility has furnished the Director of
Transportation with alla verified statement of the costs of
the relocation and any other papers, records, or otherand
supporting documents as are required by the directorfederal
law. After the final federal Bureau of Public Roads' audit,
the utility shall repay to the state the differenceexcess, if
any, between the total amount paid by the state to the utility
for the relocation and the total amount collected by the state
from federal participation on the utility relocation, plus the
state's matching share of the federal participation.
(b)(1) Whenever the Director of Transportation shall
determine and order determines and orders that the relocation
of any utility facility then located within a state
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right-of-way is necessitated by the construction of any
highway, road, or street, other than the highways that are a
part of the national system of interstate and defense highways
referred to in subsection (a) of this section , the utility
owning or operating the facility , including any utility owned
or operated by a corporation organized pursuant to Article 8,
Chapter 50, of Title 11, shall relocate the facility to
another location within the state right-of-way in accordance
with the order of the Director of Transportation .at its own
expense
(2) The utility shall be reimbursed for its costs of
relocating the utility facility after the utility has
furnished the Director of Transportation with a verified
statement of the costs of relocation. The reimbursement shall
be paid by the state as a part of the cost of the construction
of the project. The Department of Transportation shall make
adequate provision for the costs of relocation in the costs of
the construction of the project .
(3) Notwithstanding the foregoingsubdivision (2), if
the utility facilities to be relocated are owned by any
utility whichthat had a gross income of more than two hundred
fifty million dollars ($250,000,000) or less for the calendar
year immediately preceding the relocation, or in the case of
utilities which may be hereafter organized and created,
whichthathavehas a gross income of more than two hundred
fifty million dollars ($250,000,000) or less in their first
complete year of operation or in the calendar year immediately
preceding the relocation or, in the casecosts of utilities
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owned or operated by a corporation organized pursuant to
Article 8, Chapter 50, Title 11, the cost of the relocation of
the utility facility shall not be paid by the state as a part
of the cost of the construction of the project out of the
funds then or thereafter available for the highway
construction after the utility has furnished the Director of
Transportation with all papers, records, or other supporting
documents required by the director. After the final federal
Bureau of Public Roads' audit, the utility shall repay to the
state the difference, if any, between the total amount paid by
the state to the utility for the relocation and the total
amount collected by the state from federal participation on
the utility relocation, plus the state's matching share of the
federal participation .
(c) The Director of Transportation may enter into
contracts or agreements and conform any existing contracts or
agreements with utilities in order to effectuate the purposes
of this section.
(d) The word "utility" shall include publicly,
privately, and cooperatively owned utilities. The words
cost"costs of relocation," as used in subsection (b), shall
include the entire amount paid by the utility properly
attributable to the relocation of facilities in the state
right-of-way when the area of relocation is in excess of
one-half mile of roadway and after deducting therefrom any
increase in the value of the new facility and any salvage
value derived from the old facility. The words "national
system of interstate and defense highways " mean the national
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system of interstate and defense highways or interstate system
described in subsection (d) of Section 103 of Title 23, United
States Code23 U.S.C. § 103(b) ."
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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