Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0679.01 Rebecca Bayetti x4348
HOUSE BILL 24-1266
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE RELOCATION OF UT ILITY FACILITIES IN A LOCAL101
GOVERNMENT RIGHT -OF-WAY.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires local governments to notify affected utility
companies of road improvement projects and establishes the process by
which local governments and utility companies may enter into agreements
governing the relocation of utility facilities. The bill requires local
governments and utility companies to coordinate on road improvement
projects necessitating the removal, relocation, or alteration of utility lines
HOUSE
Amended 2nd Reading
March 15, 2024
HOUSE SPONSORSHIP
Hamrick and Frizell,
SENATE SPONSORSHIP
Zenzinger,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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 utility company must pay for the costs associated with the
delay. The bill does not alter the terms of any franchises or licenses
granted pursuant to statute or the state constitution.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) From time to time, local governments provide improvements4
to their transportation systems through projects within their jurisdictions;5
(b) The scheduling and timely performance of a road6
improvement project partially depends on coordination with utility7
companies for the prompt performance of utility relocation work8
necessitated by construction of the road improvement project;9
(c) Increased coordination between local governments and utility10
companies is in the public interest, and prompt performance of utility11
relocation work according to the project schedule will reduce delays and12
the costs of construction;13
(d) Colorado statute outlines this type of coordination between the14
regional transportation district and utility companies in section15
32-9-119.1, Colorado Revised Statutes;16
(e) Colorado statute outlines this type of coordination between the17
Colorado department of transportation and utility companies in section18
43-1-1411, Colorado Revised Statutes; and19
(f) Construction-related delays to road improvement projects can20
cost local governments millions of dollars of unbudgeted and21
unanticipated costs, thereby affecting the taxpayers of that community.22
1266-2- SECTION 2. In Colorado Revised Statutes, add 38-5-109 as1
follows:2
38-5-109. Utility relocation clearance letter - definitions.3
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES:5
(a) "CLEARANCE LETTER" MEANS A WRITTEN AGREEMENT6
BETWEEN A LOCAL GOVERNMENT PROPOSING A ROAD IMPROVEMENT7
PROJECT AND A UTILITY COMPANY, IN WHICH THE UTILITY COMPANY AND8
THE LOCAL GOVERNMENT MUTUALLY ESTABLISH THE SCOPE, CONDITIONS,9
AND SCHEDULE FOR THE UTILITY RELOCATION REQUIRED FOR THE ROAD10
IMPROVEMENT PROJECT.11
(b) "FORCE MAJEURE" MEANS FIRE, EXPLOSION, FLOODS, ACTION12
OF THE ELEMENTS, STRIKE, LABOR DISPUTES, INTERRUPTION OF13
TRANSPORTATION, RATIONING, SHORTAGE OF EQUIPMENT OR MATERIALS,14
COURT ACTION, ILLEGALITY, UNUSUALLY SEVERE WEATHER, ACT OF GOD,15
ACT OF WAR OR TERRORISM, EPIDEMICS OR PANDEMICS, QUARANTINES,16
SEASONAL LIMITATIONS ON UTILITY OPERATIONS, OR ANY OTHER CAUSE17
THAT IS BEYOND THE REASONABLE CONTROL OF THE ENTITY PERFORMING18
THE UTILITY RELOCATION.19
(c) "HAZARDOUS MATERIAL" MEANS ANY SUBSTANCE, POLLUTANT,20
CONTAMINANT, CHEMICAL, MATERIAL, OR WASTE, OR ANY SOIL OR WATER21
CONTAMINATED WITH SUCH HAZARDOUS MATERIAL , THAT IS:22
(I) INCLUDED IN THE DEFINITION OF HAZARDOUS SUBSTANCE ,23
HAZARDOUS WASTE, TOXIC SUBSTANCE, HAZARDOUS POLLUTANT, TOXIC24
POLLUTANT, NONHAZARDOUS WASTE, OR UNIVERSAL WASTE, AS25
REGULATED BY ANY APPLICABLE ENVIRONMENTAL LAW ; OR26
(II) TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, IGNITABLE,27
1266
-3- INFECTIOUS, RADIOACTIVE, CARCINOGENIC, MUTAGENIC, OR THAT1
OTHERWISE POSES A HAZARD TO LIVING THINGS OR THE ENVIRONMENT .2
(d) "LOCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE3
COUNTY, CITY AND COUNTY, MUNICIPALITY, OR TOWN, EXCLUDING A4
LOCAL GOVERNMENT THAT HAS GRANTED A FRANCHISE TO A UTILITY5
COMPANY PURSUANT TO SECTION 31-32-101 OR ARTICLE XX OF THE6
STATE CONSTITUTION.7
(e) "PLANS AND SPECIFICATIONS" MEANS THE PLANS, DRAWINGS,8
AND SPECIFICATIONS DESIGNED AND ENGINEERED BY A LOCAL9
GOVERNMENT OR ITS CONTRACTOR, WHICH ARE NECESSARY TO COMPLETE10
THE ROAD IMPROVEMENT PROJECT IN ACCORDANCE WITH APPLICABLE11
LAWS, RULES, AND REGULATIONS.12
(f) "PRIVATE PROJECT RELOCATION" MEANS ANY CONSTRUCTION13
OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT , EXPANSION, OR14
REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT -OF-WAY THAT:15
(I) REQUIRES THE REMOVAL, RELOCATION, OR ALTERATION OF16
UTILITY FACILITIES;17
(II) IS NECESSARY TO FACILITATE THE DEVELOPMENT OF PRIVATE18
PROPERTY; AND19
(III) IS REQUIRED BY REASON OF A LOCAL GOVERNMENT ZONING ,20
APPROVAL, OR OTHER LAND USE REGULATION PERMITTING REQUIREMENT.21
(g) "PROMPT PERFORMANCE" MEANS ACTING IN GOOD FAITH AND22
MAKING ALL REASONABLE EFFORTS TO PERFORM THE SPECIFIC ACTIONS23
AND OBLIGATIONS SET FORTH IN A CLEARANCE LETTER, EXCEPT AS MAY BE24
EXCUSED BY SUBSEQUENT AGREEMENT BETWEEN THE UTILITY COMPANY25
AND THE LOCAL GOVERNMENT TO WHICH THE CLEARANCE LETTER APPLIES .26
(h) "PUBLIC ROADWAY" MEANS PROPERTY CONTROLLED BY A27
1266
-4- LOCAL GOVERNMENT THAT IS ACQUIRED , DEDICATED, OR RESERVED FOR1
THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A STREET OR2
PUBLIC HIGHWAY AND THAT IS OPEN TO PUBLIC TRAVEL OR ANY OTHER3
PUBLIC HIGHWAY ESTABLISHED BY LAW .4
(i) (I) "ROAD IMPROVEMENT PROJECT" MEANS ANY CONSTRUCTION5
OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT , EXPANSION, OR6
REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT -OF-WAY,7
INCLUDING BUT NOT LIMITED TO MAINTENANCE, REPLACEMENT, BRIDGE,8
CULVERT, OR TRAFFIC SIGNAL PROJECTS.9
(II) "ROAD IMPROVEMENT PROJECT" DOES NOT INCLUDE A PROJECT10
ON, ALONG, OR IN A PUBLIC OR STATE HIGHWAY OR ROADWAY UNDER THE11
CONTROL OF THE COLORADO DEPARTMENT OF TRANSPORTATION UNLESS12
A LOCAL GOVERNMENT PERFORMS THE CONSTRUCTION OR13
RECONSTRUCTION AS PART OF A PROJECT UNDER THE DIRECTION OF THE14
LOCAL GOVERNMENT AND PURSUANT TO AN AGREEMENT WITH THE15
COLORADO DEPARTMENT OF TRANSPORTATION .16
(j) "UTILITY COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC OR17
GAS UTILITY COMPANY WITH MORE THAN TWO HUNDRED FIFTY THOUSAND18
RETAIL CUSTOMERS.19
(k) "UTILITY CONFLICT" MEANS CIRCUMSTANCES IN WHICH A20
PROPOSED ROAD IMPROVEMENT PROJECT BRINGS UTILITY FACILITIES OUT21
OF COMPLIANCE WITH REGULATORY AGENCY STANDARDS OR EXISTING22
UTILITY FACILITIES PRECLUDE OR HINDER THE CONSTRUCTION OF A ROAD23
IMPROVEMENT PROJECT.24
(l) "UTILITY FACILITIES" MEANS ANY LINES OF ELECTRIC LIGHT OR25
WIRE, POWER, OR PIPELINE OF A UTILITY COMPANY AND ANY RELATED26
SUPPORT STRUCTURES, ATTACHMENTS, APPURTENANCES, EQUIPMENT,27
1266
-5- VALVES, CABLE, OR CONDUIT FOR THE LINES , WIRES, OR PIPELINES.1
"UTILITY FACILITIES" INCLUDE BOTH THOSE ABOVE AND BELOW GROUND.2
(m) "UTILITY RELOCATION" OR "RELOCATION OF UTILITY3
FACILITIES" MEANS THE REMOVAL, RELOCATION, OR ALTERATION OF4
UTILITY FACILITIES NECESSARY TO RESOLVE A UTILITY CONFLICT CAUSED5
BY A ROAD IMPROVEMENT PROJECT FUNDED IN FULL OR IN PART BY A6
LOCAL GOVERNMENT OR WITH STATE, FEDERAL, OR OTHER PUBLIC MONEY;7
EXCEPT THAT "UTILITY RELOCATION" DOES NOT INCLUDE A PRIVATE8
PROJECT RELOCATION.9
(2) (a) IF A LOCAL GOVERNMENT ENGAGES IN OR PROPOSES TO10
ENGAGE IN A ROAD IMPROVEMENT PROJECT THAT WILL REQUIRE THE11
RELOCATION OF UTILITY FACILITIES DUE TO A UTILITY CONFLICT , THE12
LOCAL GOVERNMENT SHALL :13
(I) NOTIFY THE NOTIFICATION ASSOCIATION, CREATED IN SECTION14
9-1.5-105 (1), WITH AN ENGINEERING OR SUBSURFACE UTILITY15
ENGINEERING NOTIFICATION TO IDENTIFY EACH UTILITY COMPANY THAT16
HAS UTILITY FACILITIES IN THE AREA OF THE ROAD IMPROVEMENT17
PROJECT; AND18
(II) ELECTRONICALLY NOTIFY IN WRITING EACH UTILITY COMPANY19
IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION. THE20
NOTICE PROVIDED MUST FOLLOW THE REQUIREMENTS OF SUBSECTION21
(2)(b) OF THIS SECTION.22
(b) THE NOTICE REQUIRED BY SUBSECTION (2)(a)(II) OF THIS23
SECTION MUST INCLUDE THE FOLLOWING INFORMATION :24
(I) AN EXPLANATION OF THE PROPOSED DESIGN OF THE ROAD25
IMPROVEMENT PROJECT, INCLUDING INFORMATION ON FUNDING ;26
(II) ANY POTENTIAL UTILITY CONFLICT THAT MAY BE CREATED BY27
1266
-6- THE ROAD IMPROVEMENT PROJECT ;1
(III) THE ESTIMATED TIMELINE AND DURATION OF THE ROAD2
IMPROVEMENT PROJECT;3
(IV) THE ESTIMATED TIME FRAME IN WHICH THE UTILITY4
RELOCATION SHOULD BE COMPLETED ;5
(V) THE FEDERAL IDENTIFYING PROJECT NUMBER, IF APPLICABLE;6
AND7
(VI) WHETHER THE UTILITY COMPANY MAY QUALIFY FOR8
ASSISTANCE TO OFFSET EXPENSES INCURRED IN RELOCATING ITS UTILITY9
FACILITIES TO ACCOMMODATE THE PROPOSED ROAD IMPROVEMENT10
PROJECT.11
(c) THE LOCAL GOVERNMENT SHALL GIVE THE NOTICE REQUIRED12
BY SUBSECTION (2)(a)(II) OF THIS SECTION TO THE UTILITY COMPANY AS13
EARLY AS PRACTICABLE AND AT LEAST FORTY-FIVE CALENDAR DAYS14
BEFORE THE EARLIEST OF THE FOLLOWING :15
(I) THE COMPLETION OF THIRTY PERCENT OF THE PRELIMINARY16
DESIGN PLANS;17
(II) THE PROJECT DEVELOPMENT SCOPING MEETING FOR THE ROAD18
IMPROVEMENT PROJECT; OR19
(III) THE INVITATION TO BID FOR THE ROAD IMPROVEMENT20
PROJECT.21
(d) THE UTILITY COMPANY TO WHICH THE NOTICE REQUIRED BY22
SUBSECTION (2)(a)(II) OF THIS SECTION IS DIRECTED SHALL ACKNOWLEDGE23
RECEIPT OF THE NOTICE.24
(e) IF THERE IS A CHANGE IN THE SCOPE OF A ROAD IMPROVEMENT25
PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS THE UTILITY26
FACILITIES AND THE UTILITY COMPANY'S ABILITY TO REASONABLY MEET27
1266
-7- ITS OBLIGATIONS FOR THE UTILITY RELOCATION IN ACCORDANCE WITH THE1
SCHEDULE ESTABLISHED FOR THE ROAD IMPROVEMENT PROJECT, A LOCAL2
GOVERNMENT SHALL:3
(I) GIVE EACH AFFECTED UTILITY COMPANY A NEW WRITTEN4
NOTICE THAT INCLUDES ALL APPLICABLE INFORMATION IN SUBSECTION5
(2)(b) OF THIS SECTION; AND6
(II) COORDINATE WITH THE AFFECTED UTILITY COMPANY AND7
THIRD-PARTY CONTRACTOR, AS APPLICABLE, TO AMEND ANY CLEARANCE8
LETTER AS NECESSARY TO REFLECT MUTUALLY AGREED UPON CHANGES TO9
THE ORIGINAL COMMITMENTS IN THE LETTER, INCLUDING REASONABLE10
SCHEDULE ADJUSTMENTS, IF AN EXECUTED CLEARANCE LETTER COVERING11
THE UTILITY RELOCATION EXISTS.12
(e) (I) IF UTILITY FACILITIES ARE DISCOVERED DURING A ROAD13
IMPROVEMENT PROJECT THAT WERE NOT PREVIOUSLY IDENTIFIED , THE14
LOCAL GOVERNMENT, THE AFFECTED UTILITY COMPANY, AND THE15
THIRD-PARTY CONTRACTOR, AS APPLICABLE, SHALL CONFER WITHIN16
FORTY-EIGHT HOURS OF DISCOVERY TO DETERMINE APPROPRIATE17
RELOCATION PROCEDURES .18
(II) WITHIN TEN BUSINESS DAYS OF THE DISCOVERY OF THE19
UTILITY FACILITIES, THE LOCAL GOVERNMENT AND THE AFFECTED UTILITY20
COMPANY SHALL NEGOTIATE A CLEARANCE LETTER PURSUANT TO21
SUBSECTION (3) OF THIS SECTION.22
(3) (a) TO FACILITATE A UTILITY RELOCATION , A LOCAL23
GOVERNMENT AND AN AFFECTED UTILITY COMPANY SHALL NEGOTIATE IN24
GOOD FAITH AND SHALL ENTER INTO A MUTUALLY AGREEABLE CLEARANCE25
LETTER.26
(b) THE CLEARANCE LETTER MUST INCLUDE :27
1266
-8- (I) AN ACKNOWLEDGMENT BY THE LOCAL GOVERNMENT AND THE1
UTILITY COMPANY THAT A UTILITY CONFLICT EXISTS ;2
(II) THE SCOPE OF THE UTILITY RELOCATION, INCLUDING THE3
EXTENT OF THE UTILITY FACILITIES NEEDING TO BE RELOCATED AS4
EVIDENCED BY THE PLANS AND SPECIFICATIONS ;5
(III) WHETHER THE UTILITY RELOCATION WILL BE PERFORMED BY6
THE UTILITY COMPANY OR BY A THIRD-PARTY CONTRACTOR AGREED TO BY7
THE UTILITY COMPANY;8
(IV) REQUIREMENTS FOR COORDINATION AMONG THE LOCAL9
GOVERNMENT, THE UTILITY COMPANY, AND ANY THIRD-PARTY10
CONTRACTOR THROUGHOUT THE ROAD IMPROVEMENT PROJECT AND11
UTILITY RELOCATION, INCLUDING THROUGHOUT ANY PREREQUISITE WORK12
THAT NEEDS TO OCCUR BEFORE THE UTILITY RELOCATION ;13
(V) WHICH ENTITY IS RESPONSIBLE FOR TRAFFIC MANAGEMENT14
DURING THE UTILITY RELOCATION;15
(VI) THE NUMBER OF DAYS OF NOTICE THAT THE LOCAL16
GOVERNMENT MUST GIVE TO THE UTILITY COMPANY AHEAD OF THE DATE17
BY WHICH THE UTILITY RELOCATION MUST BE STARTED IN ORDER TO18
ADHERE TO THE ROAD IMPROVEMENT PROJECT SCHEDULE ;19
(VII) AN ESTIMATED SCHEDULE FOR THE PERFORMANCE OF THE20
UTILITY RELOCATION, INCLUDING THE DURATION OF THE UTILITY21
RELOCATION;22
(VIII) A REQUIREMENT OF PROMPT PERFORMANCE OF THE UTILITY23
RELOCATION BY THE UTILITY COMPANY IF THE UTILITY COMPANY IS24
PERFORMING THE UTILITY RELOCATION OR BY THE THIRD -PARTY25
CONTRACTOR AGREED TO BY THE UTILITY COMPANY TO PERFORM THE26
UTILITY RELOCATION, EXCEPT WHEN PERFORMANCE IS EXCUSED DUE TO27
1266
-9- FORCE MAJEURE, THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC1
ROADWAY, OR A CHANGE IN THE SCOPE OR AGREED -TO SCHEDULE OF A2
ROAD IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT3
AFFECTS THE UTILITY FACILITIES;4
(IX) A REQUIREMENT OF PAYMENT BY THE UTILITY COMPANY FOR5
ACTUAL DAMAGES CAUSED BY THE UTILITY COMPANY'S DELAY IN THE6
PERFORMANCE OF THE UTILITY RELOCATION OR INTERFERENCE WITH THE7
PERFORMANCE OF THE UTILITY RELOCATION BY ANY CONTRACTOR NOT8
HIRED BY THE UTILITY COMPANY; EXCEPT THAT DELAY OR INTERFERENCE9
CAUSED BY THE FOLLOWING WILL NOT BE CHARGED TO THE UTILITY10
COMPANY:11
(A) A FORCE MAJEURE; 12
(B) THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC13
ROADWAY; OR14
(C) A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A ROAD15
IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS16
THE UTILITY FACILITIES AND THE UTILITY COMPANY'S ABILITY TO PERFORM17
THE RELOCATION WORK AS ESTABLISHED IN THE CLEARANCE LETTER ;18
(X) A REQUIREMENT THAT THE LOCAL GOVERNMENT, AT ITS SOLE19
COST, SURVEY AND STAKE THE LOCATION WHERE THE UTILITY FACILITIES20
WILL BE LOCATED PRIOR TO THE BEGINNING OF THE UTILITY RELOCATION,21
AND THAT THE COST OF ANY REQUIRED RE-STAKING DUE TO THE ACTIONS22
OF A UTILITY COMPANY OR ITS CONTRACTOR BE PAID BY THE UTILITY23
COMPANY;24
(XI) A REQUIREMENT THAT, UPON THE DISCOVERY OF HAZARDOUS25
MATERIAL IN A PUBLIC ROADWAY IN CONNECTION WITH UTILITY26
RELOCATION, THE UTILITY RELOCATION WORK CEASE UNTIL THE LOCAL27
1266
-10- GOVERNMENT TAKES NECESSARY STEPS TO PROVIDE A UTILITY CORRIDOR1
FREE FROM HAZARDOUS MATERIAL , AND THAT THE LOCAL GOVERNMENT2
IS RESPONSIBLE FOR THE MANAGEMENT , TRANSPORTATION, AND DISPOSAL3
OF ANY SOIL FROM THE PUBLIC RIGHT -OF-WAY CONTAMINATED WITH4
HAZARDOUS MATERIAL ;5
(XII) A REQUIREMENT THAT ALL DESIGN AND CONSTRUCTION OF6
THE UTILITY RELOCATION ARE SUBJECT TO REVIEW AND APPROVAL BY7
ENGINEERS FOR THE LOCAL GOVERNMENT AND FOR THE UTILITY8
COMPANY; AND9
(XIII) A DISPUTE RESOLUTION PROVISION THAT INCLUDES10
MECHANISMS FOR NOTICE OF A FAILURE TO PERFORM IN ACCORDANCE11
WITH THE CLEARANCE LETTER AND FOR A REASONABLE OPPORTUNITY TO12
CURE.13
(c) (I) THE CLEARANCE LETTER MAY ALLOW FOR UTILITY14
COMPANY BETTERMENT AT THE EXPENSE OF THE UTILITY COMPANY ;15
EXCEPT THAT ANY UTILITY COMPANY BETTERMENT MUST NOT16
MATERIALLY DELAY THE UTILITY RELOCATION .17
(II) AS USED IN THIS SUBSECTION (3)(c), "UTILITY COMPANY18
BETTERMENT" MEANS ANY UPGRADE OF THE UTILITY FACILITIES BEING19
RELOCATED THAT IS NOT ATTRIBUTABLE TO THE ROAD IMPROVEMENT20
PROJECT AND THAT IS MADE SOLELY FOR THE BENEFIT AND AT THE21
ELECTION OF THE AFFECTED UTILITY COMPANY .22
(4) (a) UPON BEING PROVIDED WRITTEN DOCUMENTATION FROM23
THE UTILITY COMPANY INDICATING, AT A MINIMUM, THE HORIZONTAL AND24
VERTICAL LOCATIONS OF THE RELOCATED UTILITY FACILITIES, A LOCAL25
GOVERNMENT SHALL COMPLETE ITS REVIEW OF THE UTILITY RELOCATION26
AND PROVIDE A WRITTEN DETERMINATION OF WHETHER IT ACCEPTS OR27
1266
-11- REJECTS THE COMPLETED UTILITY RELOCATION WITHIN FOURTEEN1
CALENDAR DAYS OF COMPLETION OF THE RELOCATION OR RECEIPT OF THE2
DOCUMENTATION INDICATING THE LOCATION OF THE RELOCATED UTILITY3
FACILITIES FROM THE UTILITY COMPANY, WHICHEVER IS LATER.4
(b) IF THE LOCAL GOVERNMENT ACCEPTS THE UTILITY5
RELOCATION, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN6
ACCEPTANCE OF THE UTILITY RELOCATION TO THE UTILITY COMPANY .7
(c) (I) IF THE LOCAL GOVERNMENT REJECTS THE UTILITY8
RELOCATION, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN9
REJECTION AND REASONING TO THE UTILITY COMPANY .10
(II) THE UTILITY COMPANY SHALL PROMPTLY MAKE THE11
NECESSARY CHANGES TO THE UTILITY RELOCATION IDENTIFIED IN THE12
WRITTEN REJECTION TO CONFORM WITH THE PLANS AND SPECIFICATIONS13
IDENTIFIED IN THE CLEARANCE LETTER. THE UTILITY COMPANY IS14
RESPONSIBLE FOR PAYMENT OF ACTUAL DAMAGES CAUSED BY ANY DELAY15
IN THE ROAD IMPROVEMENT PROJECT SCHEDULE AS A RESULT OF THE16
NECESSARY CHANGES TO THE UTILITY RELOCATION TO BRING THE17
RELOCATION INTO COMPLIANCE WITH THE PLANS AND SPECIFICATIONS18
IDENTIFIED IN THE CLEARANCE LETTER.19
(d) IF THE LOCAL GOVERNMENT FAILS TO TIMELY PROVIDE THE20
WRITTEN DETERMINATION REQUIRED BY SUBSECTION (4)(a) OF THIS21
SECTION, THE UTILITY RELOCATION IS DEEMED ACCEPTED .22
(e) A UTILITY COMPANY SHALL NOT BE REQUIRED TO PAY FOR23
RELOCATION OF PREVIOUSLY RELOCATED UTILITY FACILITIES WITHIN TWO24
YEARS FOLLOWING THE ACCEPTANCE OF THE PREVIOUS UTILITY25
RELOCATION BY THE LOCAL GOVERNMENT PURSUANT TO THIS SUBSECTION26
(4), EXCEPT IN THE EVENT OF AN EMERGENCY .27
1266
-12- (5) A LOCAL GOVERNMENT MAY, AFTER OPPORTUNITY FOR RELIEF1
BETWEEN THE LOCAL GOVERNMENT AND THE UTILITY COMPANY2
PURSUANT TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN THE3
CLEARANCE LETTER, WITHHOLD ISSUANCE OF A PERMIT FOR THE LOCATION4
OR INSTALLATION OF OTHER UTILITY FACILITIES IN A PUBLIC ROADWAY TO5
A UTILITY COMPANY UNTIL THE UTILITY COMPANY PAYS THE LOCAL6
GOVERNMENT FOR ANY ACTUAL DAMAGES CAUSED BY THE UTILITY7
COMPANY'S DELAY IN THE PERFORMANCE OF A UTILITY RELOCATION .8
(6) WHEN NECESSARY AND FEASIBLE AND AFTER MUTUAL9
AGREEMENT WITH AN AFFECTED UTILITY COMPANY , A LOCAL10
GOVERNMENT MAY OBTAIN ADDITIONAL PUBLIC RIGHTS-OF-WAY OR11
EASEMENTS TO ACCOMMODATE A UTILITY RELOCATION . THE LOCAL12
GOVERNMENT IS RESPONSIBLE FOR THE COST OF OBTAINING ANY13
ADDITIONAL RIGHT-OF-WAY UNLESS THE ADDITIONAL RIGHT-OF-WAY IS14
ONLY NEEDED TO ACCOMMODATE A UTILITY COMPANY BETTERMENT AND15
IS NOT REQUIRED FOR A ROAD IMPROVEMENT PROJECT .16
(7) A LOCAL GOVERNMENT AND AN AFFECTED UTILITY COMPANY17
SHALL MAKE ARRANGEMENTS FOR FUNDING ANY UTILITY RELOCATION AS18
SPECIFIED IN ANY EASEMENTS, LICENSES, OR OTHER PROPERTY INTERESTS19
OR RIGHTS OF USE HELD BY THE LOCAL GOVERNMENT OR THE UTILITY20
COMPANY. THE RECOVERY OF UNDERGROUND UTILITY LOCATE COSTS, AS21
INCURRED BY THE UTILITY COMPANY , MUST OCCUR THROUGH22
APPROPRIATE RATE ADJUSTMENT CLAUSES .23
(8) NO PARTY OTHER THAN THE OWNER OF THE UTILITY FACILITIES24
MAY RELOCATE UTILITY FACILITIES WITHOUT THE EXPRESS CONSENT OF25
THE AFFECTED UTILITY COMPANY .26
(9) NOTHING IN THIS SECTION:27
1266
-13- (a) ALTERS OR DIMINISHES THE AUTHORITY OF A LOCAL1
GOVERNMENT TO LAWFULLY EXERCISE ITS POLICE POWERS WITH RESPECT2
TO THE RELOCATION OF UTILITY FACILITIES WITHIN THE LOCAL3
GOVERNMENT BOUNDARIES ;4
(b) ALTERS EXISTING PROPERTY AGREEMENTS, LICENSES,5
FRANCHISE AGREEMENTS, OR OTHER VESTED INTERESTS OF A LOCAL6
GOVERNMENT OR A UTILITY COMPANY ESTABLISHED IN THE EXISTING7
PROPERTY AGREEMENT, LICENSE, FRANCHISE AGREEMENT, OR OTHER8
VESTED INTEREST, INCLUDING THE OBLIGATION TO PAY FOR UTILITY9
RELOCATION;10
(c) ALTERS THE TERMS OF ANY FRANCHISE OR LICENSE GRANTED11
PURSUANT TO SECTION 31-32-101 OR ARTICLE XX OF THE STATE12
CONSTITUTION;13
(d) ALTERS OR DIMINISHES THE LOCAL GOVERNMENT'S ABILITY TO14
RECOVER COSTS OR DAMAGES FROM ANY PARTY RESPONSIBLE FOR15
HAZARDOUS MATERIAL DISCOVERED IN A PUBLIC ROADWAY ;16
(e) ALTERS OR DIMINISHES THE UTILITY COMPANY'S ABILITY TO17
RECOVER COSTS OR DAMAGES RESULTING FROM THE DISCOVERY OF18
HAZARDOUS MATERIAL, PREVIOUSLY UNIDENTIFIED UTILITY CONFLICTS,19
OR THE ACTS OR OMISSIONS OF A THIRD PARTY; OR20
(f) ALTERS ANY COMMON LAW OF THE STATE ALLOCATING THE21
COST OF UTILITY RELOCATION WITHIN A PUBLIC RIGHT -OF-WAY.22
SECTION 3. Act subject to petition - effective date -23
applicability. (1) This act takes effect at 12:01 a.m. on the day following24
the expiration of the ninety-day period after final adjournment of the25
general assembly; except that, if a referendum petition is filed pursuant26
to section 1 (3) of article V of the state constitution against this act or an27
1266
-14- item, section, or part of this act within such period, then the act, item,1
section, or part will not take effect unless approved by the people at the2
general election to be held in November 2024 and, in such case, will take3
effect on the date of the official declaration of the vote thereon by the4
governor.5
(2) This act applies to utility relocation work commencing on or6
after the applicable effective date of this act.7
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-15-