Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0679.01 Rebecca Bayetti x4348
HOUSE BILL 24-1266
House Committees Senate Committees
Transportation, Housing & Local Government Local Government & Housing
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
SENATE
Amended 2nd Reading
April 19, 2024
HOUSE
3rd Reading Unamended
March 18, 2024
HOUSE
Amended 2nd Reading
March 15, 2024
HOUSE SPONSORSHIP
Hamrick and Frizell, Bird, Lindsay, Marshall, Ricks, Snyder, Soper, Story, Taggart,
Valdez, Vigil, Weinberg
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) Colorado statutes outline the use of public highways for the4
operation and maintenance of the transportation system, and utilities must5
be constructed so as not to obstruct or hinder the usual travel on such6
highways, as described in section 38-5-101, Colorado Revised Statutes;7
(b) From time to time, local governments provide improvements8
to their transportation systems through projects within their jurisdictions;9
(c) The scheduling and timely performance of a road improvement10
project partially depends on coordination with utility companies for the11
prompt performance of utility relocation work necessitated by12
construction of the road improvement project;13
(d) Increased coordination between local governments and utility14
companies is in the public interest, and prompt performance of utility15
relocation work according to the project schedule will reduce delays and16
the costs of construction;17
(e) Colorado statute outlines this type of coordination between the18
regional transportation district and utility companies in section19
32-9-119.1, Colorado Revised Statutes;20
(f) Colorado statute outlines this type of coordination between the21
Colorado department of transportation and utility companies in section22
1266-2- 43-1-1411, Colorado Revised Statutes; and1
(g) Construction-related delays to road improvement projects can2
cost local governments millions of dollars of unbudgeted and3
unanticipated costs, thereby affecting the taxpayers of that community.4
SECTION 2. In Colorado Revised Statutes, add 38-5-109 as5
follows:6
38-5-109. Utility relocation clearance letter - definitions.7
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
REQUIRES:9
(a) "CLEARANCE LETTER" MEANS A WRITTEN AGREEMENT10
BETWEEN A LOCAL GOVERNMENT PROPOSING A ROAD IMPROVEMENT11
PROJECT AND A UTILITY COMPANY, IN WHICH THE UTILITY COMPANY AND12
THE LOCAL GOVERNMENT MUTUALLY ESTABLISH THE SCOPE, CONDITIONS,13
AND SCHEDULE FOR THE UTILITY RELOCATION REQUIRED FOR THE ROAD14
IMPROVEMENT PROJECT.15
(b) "FORCE MAJEURE" MEANS FIRE, EXPLOSION, FLOODS, ACTION16
OF THE ELEMENTS , STRIKE, LABOR DISPUTES, INTERRUPTION OF17
TRANSPORTATION, RATIONING, SHORTAGE OF EQUIPMENT OR MATERIALS,18
COURT ACTION, ILLEGALITY, UNUSUALLY SEVERE WEATHER, ACT OF GOD,19
ACT OF WAR OR TERRORISM, EPIDEMICS OR PANDEMICS, QUARANTINES,20
SEASONAL LIMITATIONS ON UTILITY OPERATIONS, OR ANY OTHER CAUSE21
THAT IS BEYOND THE REASONABLE CONTROL OF THE ENTITY PERFORMING22
THE UTILITY RELOCATION.23
(c) "HAZARDOUS MATERIAL" MEANS ANY SUBSTANCE, POLLUTANT,24
CONTAMINANT, CHEMICAL, MATERIAL, OR WASTE, OR ANY SOIL OR WATER25
CONTAMINATED WITH SUCH HAZARDOUS MATERIAL , THAT IS:26
(I) INCLUDED IN THE DEFINITION OF HAZARDOUS SUBSTANCE,27
1266
-3- HAZARDOUS WASTE, TOXIC SUBSTANCE, HAZARDOUS POLLUTANT, TOXIC1
POLLUTANT, NONHAZARDOUS WASTE , OR UNIVERSAL WASTE, AS2
REGULATED BY ANY APPLICABLE ENVIRONMENTAL LAW ; OR3
(II) TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, IGNITABLE,4
INFECTIOUS, RADIOACTIVE, CARCINOGENIC, MUTAGENIC, OR THAT5
OTHERWISE POSES A HAZARD TO LIVING THINGS OR THE ENVIRONMENT .6
(d) "LOCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE7
COUNTY, CITY AND COUNTY, MUNICIPALITY, OR TOWN, EXCLUDING A8
LOCAL GOVERNMENT THAT HAS GRANTED A FRANCHISE TO A UTILITY9
COMPANY PURSUANT TO SECTION 31-32-101 OR ARTICLE XX OF THE10
STATE CONSTITUTION.11
(e) "PLANS AND SPECIFICATIONS" MEANS THE PLANS, DRAWINGS,12
AND SPECIFICATIONS DESIGNED AND ENGINEERED BY A LOCAL13
GOVERNMENT OR ITS CONTRACTOR, WHICH ARE NECESSARY TO COMPLETE14
THE ROAD IMPROVEMENT PROJECT IN ACCORDANCE WITH APPLICABLE15
LAWS, RULES, AND REGULATIONS.16
(f) "PRIVATE PROJECT RELOCATION" MEANS ANY CONSTRUCTION17
OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT, EXPANSION, OR18
REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT -OF-WAY THAT:19
(I) REQUIRES THE REMOVAL, RELOCATION, OR ALTERATION OF20
UTILITY FACILITIES;21
(II) IS NECESSARY TO FACILITATE THE DEVELOPMENT OF PRIVATE22
PROPERTY; AND23
(III) IS REQUIRED BY REASON OF A LOCAL GOVERNMENT ZONING ,24
APPROVAL, OR OTHER LAND USE REGULATION PERMITTING REQUIREMENT.25
(g) "PROMPT PERFORMANCE" MEANS ACTING IN GOOD FAITH AND26
MAKING ALL REASONABLE EFFORTS TO PERFORM THE SPECIFIC ACTIONS27
1266
-4- AND OBLIGATIONS SET FORTH IN A CLEARANCE LETTER, EXCEPT AS MAY BE1
EXCUSED BY SUBSEQUENT AGREEMENT BETWEEN THE UTILITY COMPANY2
AND THE LOCAL GOVERNMENT TO WHICH THE CLEARANCE LETTER APPLIES .3
(h) "PUBLIC ROADWAY" MEANS PROPERTY CONTROLLED BY A4
LOCAL GOVERNMENT THAT IS ACQUIRED , DEDICATED, OR RESERVED FOR5
THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A STREET OR6
PUBLIC HIGHWAY AND THAT IS OPEN TO PUBLIC TRAVEL OR ANY OTHER7
PUBLIC HIGHWAY ESTABLISHED BY LAW .8
(i) (I) "ROAD IMPROVEMENT PROJECT" MEANS ANY CONSTRUCTION9
OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT, EXPANSION, OR10
REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT-OF-WAY,11
INCLUDING BUT NOT LIMITED TO MAINTENANCE, REPLACEMENT, BRIDGE,12
CULVERT, OR TRAFFIC SIGNAL PROJECTS.13
(II) "ROAD IMPROVEMENT PROJECT" DOES NOT INCLUDE A PROJECT14
ON, ALONG, OR IN A PUBLIC OR STATE HIGHWAY OR ROADWAY UNDER THE15
CONTROL OF THE COLORADO DEPARTMENT OF TRANSPORTATION UNLESS16
A LOCAL GOVERNMENT PERFORMS THE CONSTRUCTION OR17
RECONSTRUCTION AS PART OF A PROJECT UNDER THE DIRECTION OF THE18
LOCAL GOVERNMENT AND PURSUANT TO AN AGREEMENT WITH THE19
COLORADO DEPARTMENT OF TRANSPORTATION .20
(j) "UTILITY COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC OR21
GAS UTILITY COMPANY WITH MORE THAN TWO HUNDRED FIFTY THOUSAND22
RETAIL CUSTOMERS.23
(k) "UTILITY CONFLICT" MEANS CIRCUMSTANCES IN WHICH A24
PROPOSED ROAD IMPROVEMENT PROJECT BRINGS UTILITY FACILITIES OUT25
OF COMPLIANCE WITH REGULATORY AGENCY STANDARDS OR EXISTING26
UTILITY FACILITIES PRECLUDE OR HINDER THE CONSTRUCTION OF A ROAD27
1266
-5- IMPROVEMENT PROJECT.1
(l) "UTILITY FACILITIES" MEANS ANY LINES OF ELECTRIC LIGHT OR2
WIRE, POWER, OR PIPELINE OF A UTILITY COMPANY AND ANY RELATED3
SUPPORT STRUCTURES, ATTACHMENTS, APPURTENANCES, EQUIPMENT,4
VALVES, CABLE, OR CONDUIT FOR THE LINES, WIRES, OR PIPELINES.5
"UTILITY FACILITIES" INCLUDE BOTH THOSE ABOVE AND BELOW GROUND.6
(m) "UTILITY RELOCATION" OR "RELOCATION OF UTILITY7
FACILITIES" MEANS THE REMOVAL, RELOCATION, OR ALTERATION OF8
UTILITY FACILITIES NECESSARY TO RESOLVE A UTILITY CONFLICT CAUSED9
BY A ROAD IMPROVEMENT PROJECT FUNDED IN FULL OR IN PART BY A10
LOCAL GOVERNMENT OR WITH STATE, FEDERAL, OR OTHER PUBLIC MONEY;11
EXCEPT THAT "UTILITY RELOCATION" DOES NOT INCLUDE A PRIVATE12
PROJECT RELOCATION.13
(2) (a) IF A LOCAL GOVERNMENT ENGAGES IN OR PROPOSES TO14
ENGAGE IN A ROAD IMPROVEMENT PROJECT THAT MAY REQUIRE THE15
RELOCATION OF UTILITY FACILITIES DUE TO A UTILITY CONFLICT , THE16
LOCAL GOVERNMENT SHALL :17
(I) NOTIFY THE NOTIFICATION ASSOCIATION, CREATED IN SECTION18
9-1.5-105 (1), WITH AN ENGINEERING OR SUBSURFACE UTILITY19
ENGINEERING NOTIFICATION TO IDENTIFY EACH UTILITY COMPANY THAT20
HAS UTILITY FACILITIES IN THE AREA OF THE ROAD IMPROVEMENT21
PROJECT; AND22
(II) ELECTRONICALLY NOTIFY IN WRITING EACH UTILITY COMPANY23
IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION. THE24
NOTICE PROVIDED MUST FOLLOW THE REQUIREMENTS OF SUBSECTION25
(2)(b) OF THIS SECTION.26
(b) THE NOTICE REQUIRED BY SUBSECTION (2)(a)(II) OF THIS27
1266
-6- SECTION MUST INCLUDE THE FOLLOWING INFORMATION :1
(I) AN EXPLANATION OF THE PROPOSED DESIGN OF THE ROAD2
IMPROVEMENT PROJECT, INCLUDING INFORMATION ON FUNDING ;3
(II) ANY POTENTIAL UTILITY CONFLICT THAT MAY BE CREATED BY4
THE ROAD IMPROVEMENT PROJECT ;5
(III) THE ESTIMATED TIMELINE AND DURATION OF THE ROAD6
IMPROVEMENT PROJECT;7
(IV) THE ESTIMATED TIME FRAME IN WHICH THE UTILITY8
RELOCATION SHOULD BE COMPLETED ;9
(V) THE FEDERAL IDENTIFYING PROJECT NUMBER, IF APPLICABLE;10
AND11
(VI) WHETHER THE UTILITY COMPANY MAY QUALIFY FOR12
ASSISTANCE TO OFFSET EXPENSES INCURRED IN RELOCATING ITS UTILITY13
FACILITIES TO ACCOMMODATE THE PROPOSED ROAD IMPROVEMENT14
PROJECT.15
(c) THE LOCAL GOVERNMENT SHALL GIVE THE NOTICE REQUIRED16
BY SUBSECTION (2)(a)(II) OF THIS SECTION TO THE UTILITY COMPANY AS17
EARLY AS PRACTICABLE AND:18
(I) W
ITHIN FIFTEEN CALENDAR DAYS OF THE APPROVAL OF THE
19
PRELIMINARY DESIGN OF THE ROAD IMPROVEMENT PROJECT ; AND 20
(II) A
T LEAST FORTY-FIVE CALENDAR DAYS BEFORE THE
21
INVITATION TO BID FOR CONSTRUCTION OF THE ROAD IMPROVEMENT22
PROJECT.23
(d) THE UTILITY COMPANY TO WHICH THE NOTICE REQUIRED BY24
SUBSECTION (2)(a)(II) OF THIS SECTION IS DIRECTED SHALL ACKNOWLEDGE25
RECEIPT OF THE NOTICE.26
(e) IF THERE IS A CHANGE IN THE SCOPE OF A ROAD IMPROVEMENT27
1266
-7- PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS THE UTILITY1
FACILITIES AND THE UTILITY COMPANY'S ABILITY TO REASONABLY MEET2
ITS OBLIGATIONS FOR THE UTILITY RELOCATION IN ACCORDANCE WITH THE3
SCHEDULE ESTABLISHED FOR THE ROAD IMPROVEMENT PROJECT, A LOCAL4
GOVERNMENT SHALL:5
(I) GIVE EACH AFFECTED UTILITY COMPANY A NEW WRITTEN6
NOTICE THAT INCLUDES ALL APPLICABLE INFORMATION IN SUBSECTION7
(2)(b) OF THIS SECTION; AND8
(II) COORDINATE WITH THE AFFECTED UTILITY COMPANY AND9
THIRD-PARTY CONTRACTOR, AS APPLICABLE, TO AMEND ANY CLEARANCE10
LETTER AS NECESSARY TO REFLECT MUTUALLY AGREED UPON CHANGES TO11
THE ORIGINAL COMMITMENTS IN THE LETTER, INCLUDING REASONABLE12
SCHEDULE ADJUSTMENTS, IF AN EXECUTED CLEARANCE LETTER COVERING13
THE UTILITY RELOCATION EXISTS.14
(f) (I) I
F UTILITY FACILITIES WERE NOT PREVIOUSLY IDENTIFIED
15
AND RESULT IN A NEWLY DISCOVERED UTILITY CONFLICT , THE LOCAL16
GOVERNMENT, THE AFFECTED UTILITY COMPANY, AND THE THIRD-PARTY17
CONTRACTOR, AS APPLICABLE, SHALL CONFER WITHIN FORTY-EIGHT HOURS18
OF DISCOVERY TO DETERMINE APPROPRIATE RELOCATION PROCEDURES .19
(II) WITHIN TEN BUSINESS DAYS OF THE DISCOVERY OF THE20
UTILITY CONFLICT, THE LOCAL GOVERNMENT AND THE AFFECTED UTILITY21
COMPANY SHALL NEGOTIATE A CLEARANCE LETTER PURSUANT TO22
SUBSECTION (3) OF THIS SECTION.23
(3) (a) TO FACILITATE A UTILITY RELOCATION , A LOCAL24
GOVERNMENT AND AN AFFECTED UTILITY COMPANY SHALL NEGOTIATE IN25
GOOD FAITH AND SHALL ENTER INTO A MUTUALLY AGREEABLE CLEARANCE26
LETTER.27
1266
-8- (b) THE CLEARANCE LETTER MUST INCLUDE :1
(I) AN ACKNOWLEDGMENT BY THE LOCAL GOVERNMENT AND THE2
UTILITY COMPANY THAT A UTILITY CONFLICT EXISTS ;3
(II) THE SCOPE OF THE UTILITY RELOCATION, INCLUDING THE4
EXTENT OF THE UTILITY FACILITIES NEEDING TO BE RELOCATED AS5
EVIDENCED BY THE PLANS AND SPECIFICATIONS ;6
(III) WHETHER THE UTILITY RELOCATION WILL BE PERFORMED BY7
THE UTILITY COMPANY OR BY A THIRD-PARTY CONTRACTOR AGREED TO BY8
THE UTILITY COMPANY;9
(IV) REQUIREMENTS FOR COORDINATION AMONG THE LOCAL10
GOVERNMENT, THE UTILITY COMPANY, AND ANY THIRD -PARTY11
CONTRACTOR THROUGHOUT THE ROAD IMPROVEMENT PROJECT AND12
UTILITY RELOCATION, INCLUDING THROUGHOUT ANY PREREQUISITE WORK13
THAT NEEDS TO OCCUR BEFORE THE UTILITY RELOCATION ;14
(V) WHICH ENTITY IS RESPONSIBLE FOR TRAFFIC MANAGEMENT15
DURING THE UTILITY RELOCATION;16
(VI) THE NUMBER OF DAYS OF NOTICE THAT THE LOCAL17
GOVERNMENT MUST GIVE TO THE UTILITY COMPANY AHEAD OF THE DATE18
BY WHICH THE UTILITY RELOCATION MUST BE STARTED IN ORDER TO19
ADHERE TO THE ROAD IMPROVEMENT PROJECT SCHEDULE ;20
(VII) AN ESTIMATED SCHEDULE FOR THE PERFORMANCE OF THE21
UTILITY RELOCATION, INCLUDING THE DURATION OF THE UTILITY22
RELOCATION;23
(VIII) A REQUIREMENT OF PROMPT PERFORMANCE OF THE UTILITY24
RELOCATION BY THE UTILITY COMPANY IF THE UTILITY COMPANY IS25
PERFORMING THE UTILITY RELOCATION OR BY THE THIRD -PARTY26
CONTRACTOR AGREED TO BY THE UTILITY COMPANY TO PERFORM THE27
1266
-9- UTILITY RELOCATION, EXCEPT WHEN PERFORMANCE IS EXCUSED DUE TO1
FORCE MAJEURE, THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC2
ROADWAY, OR A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A3
ROAD IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT4
AFFECTS THE UTILITY FACILITIES;5
(IX) A REQUIREMENT OF PAYMENT BY THE UTILITY COMPANY FOR6
ACTUAL DAMAGES CAUSED BY THE UTILITY COMPANY'S DELAY IN THE7
PERFORMANCE OF THE UTILITY RELOCATION OR INTERFERENCE WITH THE8
PERFORMANCE OF THE UTILITY RELOCATION BY ANY CONTRACTOR NOT9
HIRED BY THE UTILITY COMPANY; EXCEPT THAT DELAY OR INTERFERENCE10
CAUSED BY THE FOLLOWING WILL NOT BE CHARGED TO THE UTILITY11
COMPANY:12
(A) A FORCE MAJEURE; 13
(B) THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC14
ROADWAY; OR15
(C) A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A ROAD16
IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS17
THE UTILITY FACILITIES AND THE UTILITY COMPANY'S ABILITY TO PERFORM18
THE RELOCATION WORK AS ESTABLISHED IN THE CLEARANCE LETTER ;19
(X) A REQUIREMENT THAT THE LOCAL GOVERNMENT, AT ITS SOLE20
COST, SURVEY AND STAKE THE LOCATION WHERE THE UTILITY FACILITIES21
WILL BE LOCATED PRIOR TO THE BEGINNING OF THE UTILITY RELOCATION,22
AND THAT THE COST OF ANY REQUIRED RE-STAKING DUE TO THE ACTIONS23
OF A UTILITY COMPANY OR ITS CONTRACTOR BE PAID BY THE UTILITY24
COMPANY;25
(XI) A REQUIREMENT THAT, UPON THE DISCOVERY OF HAZARDOUS26
MATERIAL IN A PUBLIC ROADWAY IN CONNECTION WITH UTILITY27
1266
-10- RELOCATION, THE UTILITY RELOCATION WORK CEASE UNTIL THE LOCAL1
GOVERNMENT TAKES NECESSARY STEPS TO PROVIDE A UTILITY CORRIDOR2
FREE FROM HAZARDOUS MATERIAL , AND THAT THE LOCAL GOVERNMENT3
IS RESPONSIBLE FOR THE MANAGEMENT , TRANSPORTATION, AND DISPOSAL4
OF ANY SOIL FROM THE PUBLIC RIGHT-OF-WAY CONTAMINATED WITH5
HAZARDOUS MATERIAL ;6
(XII) A REQUIREMENT THAT ALL DESIGN AND CONSTRUCTION OF7
THE UTILITY RELOCATION ARE SUBJECT TO REVIEW AND APPROVAL BY8
ENGINEERS FOR THE LOCAL GOVERNMENT AND FOR THE UTILITY9
COMPANY; AND10
(XIII) A DISPUTE RESOLUTION PROVISION THAT INCLUDES11
MECHANISMS FOR NOTICE OF A FAILURE TO PERFORM IN ACCORDANCE12
WITH THE CLEARANCE LETTER AND FOR A REASONABLE OPPORTUNITY TO13
CURE.14
(c) (I) THE CLEARANCE LETTER MAY ALLOW FOR UTILITY15
COMPANY BETTERMENT AT THE EXPENSE OF THE UTILITY COMPANY;16
EXCEPT THAT ANY UTILITY COMPANY BETTERMENT MUST NOT17
MATERIALLY DELAY THE UTILITY RELOCATION .18
(II) AS USED IN THIS SUBSECTION (3)(c), "UTILITY COMPANY19
BETTERMENT" MEANS ANY UPGRADE OF THE UTILITY FACILITIES BEING20
RELOCATED THAT IS NOT ATTRIBUTABLE TO THE ROAD IMPROVEMENT21
PROJECT AND THAT IS MADE SOLELY FOR THE BENEFIT AND AT THE22
ELECTION OF THE AFFECTED UTILITY COMPANY .23
(4) (a) UPON BEING PROVIDED WRITTEN DOCUMENTATION OF THE24
HORIZONTAL AND VERTICAL LOCATIONS OF THE RELOCATED UTILITY25
FACILITIES AND A STATEMENT BY THE UTILITY COMPANY OR ITS26
CONTRACTOR THAT THE UTILITY FACILITIES ARE RELOCATED IN27
1266
-11- ACCORDANCE WITH THE APPROVED UTILITY RELOCATION PLANS , A LOCAL1
GOVERNMENT SHALL COMPLETE ITS REVIEW OF THE COMPLETED UTILITY2
RELOCATION AND PROVIDE A WRITTEN DETERMINATION OF WHETHER IT3
ACCEPTS OR REJECTS THE COMPLETED UTILITY RELOCATION WITHIN4
FOURTEEN CALENDAR DAYS OF COMPLETION OF THE RELOCATION OR5
RECEIPT OF THE DOCUMENTATION INDICATING THE LOCATION OF THE6
RELOCATED UTILITY FACILITIES FROM THE UTILITY COMPANY , WHICHEVER7
IS LATER.8
(b) IF THE LOCAL GOVERNMENT ACCEPTS THE UTILITY9
RELOCATION, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN10
ACCEPTANCE OF THE UTILITY RELOCATION TO THE UTILITY COMPANY .11
(c) (I) IF THE LOCAL GOVERNMENT REJECTS THE UTILITY12
RELOCATION, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN13
REJECTION AND REASONING TO THE UTILITY COMPANY .14
(II) THE UTILITY COMPANY SHALL PROMPTLY MAKE THE15
NECESSARY CHANGES TO THE UTILITY RELOCATION IDENTIFIED IN THE16
WRITTEN REJECTION TO CONFORM WITH THE PLANS AND SPECIFICATIONS17
IDENTIFIED IN THE CLEARANCE LETTER. THE UTILITY COMPANY IS18
RESPONSIBLE FOR PAYMENT OF ACTUAL DAMAGES CAUSED BY ANY DELAY19
IN THE ROAD IMPROVEMENT PROJECT SCHEDULE AS A RESULT OF THE20
NECESSARY CHANGES TO THE UTILITY RELOCATION TO BRING THE21
RELOCATION INTO COMPLIANCE WITH THE PLANS AND SPECIFICATIONS22
IDENTIFIED IN THE CLEARANCE LETTER.23
(d) IF THE LOCAL GOVERNMENT FAILS TO TIMELY PROVIDE THE24
WRITTEN DETERMINATION REQUIRED BY SUBSECTION (4)(a) OF THIS25
SECTION, THE UTILITY RELOCATION IS DEEMED ACCEPTED .26
(e) A UTILITY COMPANY SHALL NOT BE REQUIRED TO PAY FOR27
1266
-12- RELOCATION OF PREVIOUSLY RELOCATED UTILITY FACILITIES WITHIN TWO1
YEARS FOLLOWING THE ACCEPTANCE OF THE PREVIOUS UTILITY2
RELOCATION BY THE LOCAL GOVERNMENT PURSUANT TO THIS SUBSECTION3
(4), EXCEPT IN THE EVENT OF AN EMERGENCY .4
(5) A LOCAL GOVERNMENT MAY, AFTER OPPORTUNITY FOR RELIEF5
BETWEEN THE LOCAL GOVERNMENT AND THE UTILITY COMPANY6
PURSUANT TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN THE7
CLEARANCE LETTER, WITHHOLD ISSUANCE OF A PERMIT FOR THE LOCATION8
OR INSTALLATION OF OTHER UTILITY FACILITIES IN A PUBLIC ROADWAY TO9
A UTILITY COMPANY UNTIL THE DISPUTE IS RESOLVED, WHICH MAY10
INCLUDE PAYMENT TO THE LOCAL GOVERNMENT FOR ANY ACTUAL11
DAMAGES CAUSED BY THE UTILITY COMPANY'S DELAY IN THE12
PERFORMANCE OF A UTILITY RELOCATION .13
(6) WHEN NECESSARY AND FEASIBLE AND AFTER MUTUAL14
AGREEMENT WITH AN AFFECTED UTILITY COMPANY , A LOCAL15
GOVERNMENT MAY OBTAIN ADDITIONAL PUBLIC RIGHTS -OF-WAY OR16
EASEMENTS TO ACCOMMODATE A UTILITY RELOCATION . THE LOCAL17
GOVERNMENT IS RESPONSIBLE FOR THE COST OF OBTAINING ANY18
ADDITIONAL RIGHT-OF-WAY UNLESS THE ADDITIONAL RIGHT-OF-WAY IS19
ONLY NEEDED TO ACCOMMODATE A UTILITY COMPANY BETTERMENT AND20
IS NOT REQUIRED FOR A ROAD IMPROVEMENT PROJECT .21
(7) A LOCAL GOVERNMENT AND AN AFFECTED UTILITY COMPANY22
SHALL MAKE ARRANGEMENTS FOR FUNDING ANY UTILITY RELOCATION AS23
SPECIFIED IN ANY EASEMENTS, LICENSES, OR OTHER PROPERTY INTERESTS24
OR RIGHTS OF USE HELD BY THE LOCAL GOVERNMENT OR THE UTILITY25
COMPANY. THE RECOVERY OF UNDERGROUND UTILITY LOCATE COSTS, AS26
INCURRED BY THE UTILITY COMPANY, MUST OCCUR THROUGH27
1266
-13- APPROPRIATE RATE ADJUSTMENT CLAUSES .1
(8) NO PARTY OTHER THAN THE OWNER OF THE UTILITY FACILITIES2
MAY RELOCATE UTILITY FACILITIES WITHOUT THE EXPRESS CONSENT OF3
THE AFFECTED UTILITY COMPANY .4
(9) NOTHING IN THIS SECTION:5
(a) ALTERS OR DIMINISHES THE AUTHORITY OF A LOCAL6
GOVERNMENT TO LAWFULLY EXERCISE ITS POLICE POWERS WITH RESPECT7
TO THE RELOCATION OF UTILITY FACILITIES WITHIN THE LOCAL8
GOVERNMENT BOUNDARIES ;9
(b) ALTERS EXISTING PROPERTY AGREEMENTS, LICENSES,10
FRANCHISE AGREEMENTS, OR OTHER VESTED INTERESTS OF A LOCAL11
GOVERNMENT OR A UTILITY COMPANY ESTABLISHED IN THE EXISTING12
PROPERTY AGREEMENT, LICENSE, FRANCHISE AGREEMENT, OR OTHER13
VESTED INTEREST, INCLUDING THE OBLIGATION TO PAY FOR UTILITY14
RELOCATION;15
(c) ALTERS THE TERMS OF ANY FRANCHISE OR LICENSE GRANTED16
PURSUANT TO SECTION 31-32-101 OR ARTICLE XX OF THE STATE17
CONSTITUTION;18
(d) ALTERS OR DIMINISHES THE LOCAL GOVERNMENT'S ABILITY TO19
RECOVER COSTS OR DAMAGES FROM ANY PARTY RESPONSIBLE FOR20
HAZARDOUS MATERIAL DISCOVERED IN A PUBLIC ROADWAY ;21
(e) ALTERS OR DIMINISHES THE UTILITY COMPANY 'S ABILITY TO22
RECOVER COSTS OR DAMAGES RESULTING FROM THE DISCOVERY OF23
HAZARDOUS MATERIAL, PREVIOUSLY UNIDENTIFIED UTILITY CONFLICTS,24
OR THE ACTS OR OMISSIONS OF A THIRD PARTY; 25
(f) ALTERS ANY COMMON LAW OF THE STATE ALLOCATING THE26
COST OF UTILITY RELOCATION WITHIN A PUBLIC RIGHT -OF-WAY; OR27
1266
-14- (g) PREVENTS A LOCAL GOVERNMENT FROM PURSUING1
ALTERNATIVE ARRANGEMENTS FOR ROAD IMPROVEMENT PROJECTS , IN2
WHICH CASE SUBSECTIONS (2) THROUGH (8) OF THIS SECTION DO NOT3
APPLY.4
SECTION 3. Act subject to petition - effective date -5
applicability. (1) This act takes effect at 12:01 a.m. on the day following6
the expiration of the ninety-day period after final adjournment of the7
general assembly; except that, if a referendum petition is filed pursuant8
to section 1 (3) of article V of the state constitution against this act or an9
item, section, or part of this act within such period, then the act, item,10
section, or part will not take effect unless approved by the people at the11
general election to be held in November 2024 and, in such case, will take12
effect on the date of the official declaration of the vote thereon by the13
governor.14
(2) This act applies to utility relocation work commencing on or15
after the applicable effective date of this act.16
1266
-15-