Colorado 2024 Regular Session

Colorado House Bill HB1266 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0679.01 Rebecca Bayetti x4348
1	8		HOUSE BILL 24-1266
2		-	BY REPRESENTATIVE(S) Hamrick and Frizell, Bird, Lindsay, Marshall,
3		-	Ricks, Snyder, Soper, Story, Taggart, Valdez, Vigil, Weinberg, Catlin,
4		-	Froelich, Pugliese;
5		-	also SENATOR(S) Zenzinger.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Local Government & Housing
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING THE RELOCATION OF UTILITY FACILITIES IN A LOCAL
8		-	GOVERNMENT RIGHT
9		-	-OF-WAY.
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. Legislative declaration. (1) The general assembly
12		-	finds and declares that:
13		-	(a) Colorado statutes outline the use of public highways for the
14		-	operation and maintenance of the transportation system, and utilities must
15		-	be constructed so as not to obstruct or hinder the usual travel on such
16		-	highways, as described in section 38-5-101, Colorado Revised Statutes;
17		-	(b) From time to time, local governments provide improvements to
18		-	their transportation systems through projects within their jurisdictions;
19		-	(c) The scheduling and timely performance of a road improvement
20		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
21		-	officers and the Governor. To determine whether the Governor has signed the bill
22		-	or taken other action on it, please consult the legislative status sheet, the legislative
23		-	history, or the Session Laws.
24		-	________
25		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26		-	through words or numbers indicate deletions from existing law and such material is not part of
27		-	the act. project partially depends on coordination with utility companies for the
28		-	prompt performance of utility relocation work necessitated by construction
29		-	of the road improvement project;
30		-	(d) Increased coordination between local governments and utility
31		-	companies is in the public interest, and prompt performance of utility
32		-	relocation work according to the project schedule will reduce delays and the
33		-	costs of construction;
34		-	(e) Colorado statute outlines this type of coordination between the
35		-	regional transportation district and utility companies in section 32-9-119.1,
36		-	Colorado Revised Statutes;
37		-	(f) Colorado statute outlines this type of coordination between the
38		-	Colorado department of transportation and utility companies in section
39		-	43-1-1411, Colorado Revised Statutes; and
40		-	(g) Construction-related delays to road improvement projects can
41		-	cost local governments millions of dollars of unbudgeted and unanticipated
42		-	costs, thereby affecting the taxpayers of that community.
43		-	SECTION 2. In Colorado Revised Statutes, add 38-5-109 as
44		-	follows:
45		-	38-5-109. Utility relocation clearance letter - definitions. (1) A
46		-	S
47		-	USED IN THIS SECTION
48		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
49		-	(a) "C
50		-	LEARANCE LETTER" MEANS A WRITTEN AGREEMENT BETWEEN
51		-	A LOCAL GOVERNMENT PROPOSING A ROAD IMPROVEMENT PROJECT AND A
52		-	UTILITY COMPANY
53		-	, IN WHICH THE UTILITY COMPANY AND THE LOCAL
54		-	GOVERNMENT MUTUALLY ESTABLISH THE SCOPE
55		-	, CONDITIONS, AND
56		-	SCHEDULE FOR THE UTILITY RELOCATION REQUIRED FOR THE ROAD
57		-	IMPROVEMENT PROJECT
58		-	.
59		-	(b) "F
60		-	ORCE MAJEURE" MEANS FIRE, EXPLOSION, FLOODS, ACTION OF
61		-	THE ELEMENTS
62		-	, STRIKE, LABOR DISPUTES , INTERRUPTION OF
63		-	TRANSPORTATION
64		-	, RATIONING, SHORTAGE OF EQUIPMENT OR MATERIALS ,
65		-	COURT ACTION, ILLEGALITY, UNUSUALLY SEVERE WEATHER , ACT OF GOD,
66		-	ACT OF WAR OR TERRORISM , EPIDEMICS OR PANDEMICS, QUARANTINES,
67		-	SEASONAL LIMITATIONS ON UTILITY OPERATIONS , OR ANY OTHER CAUSE
68		-	PAGE 2-HOUSE BILL 24-1266 THAT IS BEYOND THE REASONABLE CONTROL OF THE ENTITY PERFORMING
69		-	THE UTILITY RELOCATION
70		-	.
71		-	(c) "H
72		-	AZARDOUS MATERIAL" MEANS ANY SUBSTANCE, POLLUTANT,
73		-	CONTAMINANT, CHEMICAL, MATERIAL, OR WASTE, OR ANY SOIL OR WATER
74		-	CONTAMINATED WITH SUCH HAZARDOUS MATERIAL
75		-	, THAT IS:
76		-	(I) I
77		-	NCLUDED IN THE DEFINITION OF HAZARDOUS SUBSTANCE ,
78		-	HAZARDOUS WASTE, TOXIC SUBSTANCE, HAZARDOUS POLLUTANT , TOXIC
79		-	POLLUTANT
80		-	, NONHAZARDOUS WASTE , OR UNIVERSAL WASTE, AS REGULATED
81		-	BY ANY APPLICABLE ENVIRONMENTAL LAW
82		-	; OR
83		-	(II) TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, IGNITABLE,
84		-	INFECTIOUS, RADIOACTIVE, CARCINOGENIC, MUTAGENIC, OR THAT
85		-	OTHERWISE POSES A HAZARD TO LIVING THINGS OR THE ENVIRONMENT
86		-	.
87		-	(d) "L
88		-	OCAL GOVERNMENT " MEANS A STATUTORY OR HOME RULE
89		-	COUNTY
90		-	, CITY AND COUNTY, MUNICIPALITY, OR TOWN, EXCLUDING A LOCAL
91		-	GOVERNMENT THAT HAS GRANTED A FRANCHISE TO A UTILITY COMPANY
92		-	PURSUANT TO SECTION
93		-	31-32-101 OR ARTICLE XX OF THE STATE
94		-	CONSTITUTION
95		-	.
96		-	(e) "P
97		-	LANS AND SPECIFICATIONS" MEANS THE PLANS, DRAWINGS,
98		-	AND SPECIFICATIONS DESIGNED AND ENGINEERED BY A LOCAL GOVERNMENT
99		-	OR ITS CONTRACTOR
100		-	, WHICH ARE NECESSARY TO COMPLETE THE ROAD
101		-	IMPROVEMENT PROJECT IN ACCORDANCE WITH APPLICABLE LAWS
102		-	, RULES,
103		-	AND REGULATIONS.
104		-	(f) "P
105		-	RIVATE PROJECT RELOCATION" MEANS ANY CONSTRUCTION OR
106		-	RECONSTRUCTION PROJECT FOR THE ADJUSTMENT
107		-	, EXPANSION, OR
108		-	REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT
109		-	-OF-WAY THAT:
110		-	(I) R
111		-	EQUIRES THE REMOVAL , RELOCATION, OR ALTERATION OF
112		-	UTILITY FACILITIES
113		-	;
114		-	(II) I
115		-	S NECESSARY TO FACILITATE THE DEVELOPMENT OF PRIVATE
116		-	PROPERTY
117		-	; AND
118		-	(III) IS REQUIRED BY REASON OF A LOCAL GOVERNMENT ZONING ,
119		-	APPROVAL, OR OTHER LAND USE REGULATION PERMITTING REQUIREMENT .
120		-	PAGE 3-HOUSE BILL 24-1266 (g) "PROMPT PERFORMANCE " MEANS ACTING IN GOOD FAITH AND
121		-	MAKING ALL REASONABLE EFFORTS TO PERFORM THE SPECIFIC ACTIONS AND
122		-	OBLIGATIONS SET FORTH IN A CLEARANCE LETTER
123		-	, EXCEPT AS MAY BE
124		-	EXCUSED BY SUBSEQUENT AGREEMENT BETWEEN THE UTILITY COMPANY
125		-	AND THE LOCAL GOVERNMENT TO WHICH THE CLEARANCE LETTER APPLIES
126		-	.
127		-	(h) "P
128		-	UBLIC ROADWAY" MEANS PROPERTY CONTROLLED BY A LOCAL
129		-	GOVERNMENT THAT IS ACQUIRED
130		-	, DEDICATED, OR RESERVED FOR THE
131		-	CONSTRUCTION
132		-	, OPERATION, AND MAINTENANCE OF A STREET OR PUBLIC
133		-	HIGHWAY AND THAT IS OPEN TO PUBLIC TRAVEL OR ANY OTHER PUBLIC
134		-	HIGHWAY ESTABLISHED BY LAW
135		-	.
136		-	(i) (I) "R
137		-	OAD IMPROVEMENT PROJECT " MEANS ANY CONSTRUCTION
138		-	OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT
139		-	, EXPANSION, OR
140		-	REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT
141		-	-OF-WAY, INCLUDING
142		-	BUT NOT LIMITED TO MAINTENANCE
143		-	, REPLACEMENT, BRIDGE, CULVERT, OR
144		-	TRAFFIC SIGNAL PROJECTS
145		-	.
146		-	(II) "R
147		-	OAD IMPROVEMENT PROJECT " DOES NOT INCLUDE A PROJECT
148		-	ON
149		-	, ALONG, OR IN A PUBLIC OR STATE HIGHWAY OR ROADWAY UNDER THE
150		-	CONTROL OF THE
151		-	COLORADO DEPARTMENT OF TRANSPORTATION UNLESS A
152		-	LOCAL GOVERNMENT PERFORMS THE CONSTRUCTION OR RECONSTRUCTION
153		-	AS PART OF A PROJECT UNDER THE DIRECTION OF THE LOCAL GOVERNMENT
154		-	AND PURSUANT TO AN AGREEMENT WITH THE
155		-	COLORADO DEPARTMENT OF
156		-	TRANSPORTATION
157		-	.
158		-	(j) "U
159		-	TILITY COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC OR
160		-	GAS UTILITY COMPANY WITH MORE THAN TWO HUNDRED FIFTY THOUSAND
161		-	RETAIL CUSTOMERS
162		-	.
163		-	(k) "U
164		-	TILITY CONFLICT" MEANS CIRCUMSTANCES IN WHICH A
165		-	PROPOSED ROAD IMPROVEMENT PROJECT BRINGS UTILITY FACILITIES OUT OF
166		-	COMPLIANCE WITH REGULATORY AGENCY STANDARDS OR EXISTING UTILITY
167		-	FACILITIES PRECLUDE OR HINDER THE CONSTRUCTION OF A ROAD
168		-	IMPROVEMENT PROJECT
169		-	.
170		-	(l) "U
171		-	TILITY FACILITIES" MEANS ANY LINES OF ELECTRIC LIGHT OR
172		-	WIRE
173		-	, POWER, OR PIPELINE OF A UTILITY COMPANY AND ANY RELATED
174		-	SUPPORT STRUCTURES
175		-	, ATTACHMENTS, APPURTENANCES, EQUIPMENT,
176		-	VALVES, CABLE, OR CONDUIT FOR THE LINES, WIRES, OR PIPELINES. "UTILITY
177		-	PAGE 4-HOUSE BILL 24-1266 FACILITIES" INCLUDE BOTH THOSE ABOVE AND BELOW GROUND .
178		-	(m) "U
179		-	TILITY RELOCATION" OR "RELOCATION OF UTILITY FACILITIES"
180		-	MEANS THE REMOVAL, RELOCATION, OR ALTERATION OF UTILITY FACILITIES
181		-	NECESSARY TO RESOLVE A UTILITY CONFLICT CAUSED BY A ROAD
182		-	IMPROVEMENT PROJECT FUNDED IN FULL OR IN PART BY A LOCAL
183		-	GOVERNMENT OR WITH STATE
184		-	, FEDERAL, OR OTHER PUBLIC MONEY; EXCEPT
185		-	THAT
186		-	"UTILITY RELOCATION" DOES NOT INCLUDE A PRIVATE PROJECT
187		-	RELOCATION
188		-	.
189		-	(2) (a) I
190		-	F A LOCAL GOVERNMENT E NGAGES IN OR PROPOSES TO
191		-	ENGAGE IN A ROAD IMPROVEMENT PROJECT THAT MAY REQUIRE THE
192		-	RELOCATION OF UTILITY FACILITIES DUE TO A UTILITY CONFLICT
193		-	, THE LOCAL
194		-	GOVERNMENT SHALL
195		-	:
196		-	(I) N
197		-	OTIFY THE NOTIFICATION ASSOCIATION, CREATED IN SECTION
198		-	9-1.5-105 (1), WITH AN ENGINEERING OR SUBSURFACE UTILITY ENGINEERING
199		-	NOTIFICATION TO IDENTIFY EACH UTILITY COMPANY THAT HAS UTILITY
200		-	FACILITIES IN THE AREA OF THE ROAD IMPROVEMENT PROJECT
201		-	; AND
202		-	(II) ELECTRONICALLY NOTIFY IN WRITING EACH UTILITY COMPANY
203		-	IDENTIFIED PURSUANT TO SUBSECTION
204		-	(2)(a)(I) OF THIS SECTION. THE
205		-	NOTICE PROVIDED MUST FOLLOW THE REQUIREMENTS OF SUBSECTION
206		-	(2)(b)
207		-	OF THIS SECTION.
208		-	(b) T
209		-	HE NOTICE REQUIRED BY SUBSECTION (2)(a)(II) OF THIS SECTION
210		-	MUST INCLUDE THE FOLLOWING INFORMATION
211		-	:
212		-	(I) A
213		-	N EXPLANATION OF THE PROPOSED DESIGN OF THE ROAD
214		-	IMPROVEMENT PROJECT
215		-	, INCLUDING INFORMATION ON FUNDING ;
216		-	(II) A
217		-	NY POTENTIAL UTILITY CONFLICT THAT MAY BE CREATED BY
218		-	THE ROAD IMPROVEMENT PROJECT
219		-	;
220		-	(III) T
221		-	HE ESTIMATED TIMELINE AND DURATION OF THE ROAD
222		-	IMPROVEMENT PROJECT
223		-	;
224		-	(IV) T
225		-	HE ESTIMATED TIME FRAME IN WHICH THE UTILITY
226		-	RELOCATION SHOULD BE COMPLETED
227		-	;
228		-	PAGE 5-HOUSE BILL 24-1266 (V) THE FEDERAL IDENTIFYING PROJECT NUMBER , IF APPLICABLE;
229		-	AND
230		-	(VI) WHETHER THE UTILITY COMPANY MAY QUALIFY FOR
231		-	ASSISTANCE TO OFFSET EXPENSES INCURRED IN RELOCATING ITS UTILITY
232		-	FACILITIES TO ACCOMMODATE THE PROPOSED ROAD IMPROVEMENT PROJECT
233		-	.
234		-	(c) T
235		-	HE LOCAL GOVERNMENT SHALL GIVE THE NOTICE REQUIRED BY
236		-	SUBSECTION
237		-	(2)(a)(II) OF THIS SECTION TO THE UTILITY COMPANY AS EARLY
238		-	AS PRACTICABLE AND
239		-	:
	13	+	ONCERNING THE RELOCATION OF UT ILITY FACILITIES IN A LOCAL101
	14	+	GOVERNMENT RIGHT -OF-WAY.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill requires local governments to notify affected utility
	23	+	companies of road improvement projects and establishes the process by
	24	+	which local governments and utility companies may enter into agreements
	25	+	governing the relocation of utility facilities. The bill requires local
	26	+	governments and utility companies to coordinate on road improvement
	27	+	projects necessitating the removal, relocation, or alteration of utility lines
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 22, 2024
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	April 19, 2024
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	March 18, 2024
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	March 15, 2024
	40	+	HOUSE SPONSORSHIP
	41	+	Hamrick and Frizell, Bird, Lindsay, Marshall, Ricks, Snyder, Soper, Story, Taggart,
	42	+	Valdez, Vigil, Weinberg
	43	+	SENATE SPONSORSHIP
	44	+	Zenzinger,
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	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
	48	+	utility relocation by means of either a utility relocation agreement or a
	49	+	clearance letter. If the actions of a utility company unreasonably delay the
	50	+	utility relocation schedule or the schedule of the road improvement
	51	+	project, the utility company must pay for the costs associated with the
	52	+	delay. The bill does not alter the terms of any franchises or licenses
	53	+	granted pursuant to statute or the state constitution.
	54	+	Be it enacted by the General Assembly of the State of Colorado:1
	55	+	SECTION 1. Legislative declaration. (1) The general assembly2
	56	+	finds and declares that:3
	57	+	(a) Colorado statutes outline the use of public highways for the4
	58	+	operation and maintenance of the transportation system, and utilities must5
	59	+	be constructed so as not to obstruct or hinder the usual travel on such6
	60	+	highways, as described in section 38-5-101, Colorado Revised Statutes;7
	61	+	(b) From time to time, local governments provide improvements8
	62	+	to their transportation systems through projects within their jurisdictions;9
	63	+	(c) The scheduling and timely performance of a road improvement10
	64	+	project partially depends on coordination with utility companies for the11
	65	+	prompt performance of utility relocation work necessitated by12
	66	+	construction of the road improvement project;13
	67	+	(d) Increased coordination between local governments and utility14
	68	+	companies is in the public interest, and prompt performance of utility15
	69	+	relocation work according to the project schedule will reduce delays and16
	70	+	the costs of construction;17
	71	+	(e) Colorado statute outlines this type of coordination between the18
	72	+	regional transportation district and utility companies in section19
	73	+	32-9-119.1, Colorado Revised Statutes;20
	74	+	(f) Colorado statute outlines this type of coordination between the21
	75	+	Colorado department of transportation and utility companies in section22
	76	+	1266-2- 43-1-1411, Colorado Revised Statutes; and1
	77	+	(g) Construction-related delays to road improvement projects can2
	78	+	cost local governments millions of dollars of unbudgeted and3
	79	+	unanticipated costs, thereby affecting the taxpayers of that community.4
	80	+	SECTION 2. In Colorado Revised Statutes, add 38-5-109 as5
	81	+	follows:6
	82	+	38-5-109. Utility relocation clearance letter - definitions.7
	83	+	(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
	84	+	REQUIRES:9
	85	+	(a) "CLEARANCE LETTER" MEANS A WRITTEN AGREEMENT10
	86	+	BETWEEN A LOCAL GOVERNMENT PROPOSING A ROAD IMPROVEMENT11
	87	+	PROJECT AND A UTILITY COMPANY, IN WHICH THE UTILITY COMPANY AND12
	88	+	THE LOCAL GOVERNMENT MUTUALLY ESTABLISH THE SCOPE, CONDITIONS,13
	89	+	AND SCHEDULE FOR THE UTILITY RELOCATION REQUIRED FOR THE ROAD14
	90	+	IMPROVEMENT PROJECT.15
	91	+	(b) "FORCE MAJEURE" MEANS FIRE, EXPLOSION, FLOODS, ACTION16
	92	+	OF THE ELEMENTS , STRIKE, LABOR DISPUTES, INTERRUPTION OF17
	93	+	TRANSPORTATION, RATIONING, SHORTAGE OF EQUIPMENT OR MATERIALS,18
	94	+	COURT ACTION, ILLEGALITY, UNUSUALLY SEVERE WEATHER, ACT OF GOD,19
	95	+	ACT OF WAR OR TERRORISM, EPIDEMICS OR PANDEMICS, QUARANTINES,20
	96	+	SEASONAL LIMITATIONS ON UTILITY OPERATIONS, OR ANY OTHER CAUSE21
	97	+	THAT IS BEYOND THE REASONABLE CONTROL OF THE ENTITY PERFORMING22
	98	+	THE UTILITY RELOCATION.23
	99	+	(c) "HAZARDOUS MATERIAL" MEANS ANY SUBSTANCE, POLLUTANT,24
	100	+	CONTAMINANT, CHEMICAL, MATERIAL, OR WASTE, OR ANY SOIL OR WATER25
	101	+	CONTAMINATED WITH SUCH HAZARDOUS MATERIAL , THAT IS:26
	102	+	(I) INCLUDED IN THE DEFINITION OF HAZARDOUS SUBSTANCE,27
	103	+	1266
	104	+	-3- HAZARDOUS WASTE, TOXIC SUBSTANCE, HAZARDOUS POLLUTANT, TOXIC1
	105	+	POLLUTANT, NONHAZARDOUS WASTE , OR UNIVERSAL WASTE, AS2
	106	+	REGULATED BY ANY APPLICABLE ENVIRONMENTAL LAW ; OR3
	107	+	(II) TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, IGNITABLE,4
	108	+	INFECTIOUS, RADIOACTIVE, CARCINOGENIC, MUTAGENIC, OR THAT5
	109	+	OTHERWISE POSES A HAZARD TO LIVING THINGS OR THE ENVIRONMENT .6
	110	+	(d) "LOCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE7
	111	+	COUNTY, CITY AND COUNTY, MUNICIPALITY, OR TOWN, EXCLUDING A8
	112	+	LOCAL GOVERNMENT THAT HAS GRANTED A FRANCHISE TO A UTILITY9
	113	+	COMPANY PURSUANT TO SECTION 31-32-101 OR ARTICLE XX OF THE10
	114	+	STATE CONSTITUTION.11
	115	+	(e) "PLANS AND SPECIFICATIONS" MEANS THE PLANS, DRAWINGS,12
	116	+	AND SPECIFICATIONS DESIGNED AND ENGINEERED BY A LOCAL13
	117	+	GOVERNMENT OR ITS CONTRACTOR, WHICH ARE NECESSARY TO COMPLETE14
	118	+	THE ROAD IMPROVEMENT PROJECT IN ACCORDANCE WITH APPLICABLE15
	119	+	LAWS, RULES, AND REGULATIONS.16
	120	+	(f) "PRIVATE PROJECT RELOCATION" MEANS ANY CONSTRUCTION17
	121	+	OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT, EXPANSION, OR18
	122	+	REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT -OF-WAY THAT:19
	123	+	(I) REQUIRES THE REMOVAL, RELOCATION, OR ALTERATION OF20
	124	+	UTILITY FACILITIES;21
	125	+	(II) IS NECESSARY TO FACILITATE THE DEVELOPMENT OF PRIVATE22
	126	+	PROPERTY; AND23
	127	+	(III) IS REQUIRED BY REASON OF A LOCAL GOVERNMENT ZONING ,24
	128	+	APPROVAL, OR OTHER LAND USE REGULATION PERMITTING REQUIREMENT.25
	129	+	(g) "PROMPT PERFORMANCE" MEANS ACTING IN GOOD FAITH AND26
	130	+	MAKING ALL REASONABLE EFFORTS TO PERFORM THE SPECIFIC ACTIONS27
	131	+	1266
	132	+	-4- AND OBLIGATIONS SET FORTH IN A CLEARANCE LETTER, EXCEPT AS MAY BE1
	133	+	EXCUSED BY SUBSEQUENT AGREEMENT BETWEEN THE UTILITY COMPANY2
	134	+	AND THE LOCAL GOVERNMENT TO WHICH THE CLEARANCE LETTER APPLIES .3
	135	+	(h) "PUBLIC ROADWAY" MEANS PROPERTY CONTROLLED BY A4
	136	+	LOCAL GOVERNMENT THAT IS ACQUIRED , DEDICATED, OR RESERVED FOR5
	137	+	THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A STREET OR6
	138	+	PUBLIC HIGHWAY AND THAT IS OPEN TO PUBLIC TRAVEL OR ANY OTHER7
	139	+	PUBLIC HIGHWAY ESTABLISHED BY LAW .8
	140	+	(i) (I) "ROAD IMPROVEMENT PROJECT" MEANS ANY CONSTRUCTION9
	141	+	OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT, EXPANSION, OR10
	142	+	REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT-OF-WAY,11
	143	+	INCLUDING BUT NOT LIMITED TO MAINTENANCE, REPLACEMENT, BRIDGE,12
	144	+	CULVERT, OR TRAFFIC SIGNAL PROJECTS.13
	145	+	(II) "ROAD IMPROVEMENT PROJECT" DOES NOT INCLUDE A PROJECT14
	146	+	ON, ALONG, OR IN A PUBLIC OR STATE HIGHWAY OR ROADWAY UNDER THE15
	147	+	CONTROL OF THE COLORADO DEPARTMENT OF TRANSPORTATION UNLESS16
	148	+	A LOCAL GOVERNMENT PERFORMS THE CONSTRUCTION OR17
	149	+	RECONSTRUCTION AS PART OF A PROJECT UNDER THE DIRECTION OF THE18
	150	+	LOCAL GOVERNMENT AND PURSUANT TO AN AGREEMENT WITH THE19
	151	+	COLORADO DEPARTMENT OF TRANSPORTATION .20
	152	+	(j) "UTILITY COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC OR21
	153	+	GAS UTILITY COMPANY WITH MORE THAN TWO HUNDRED FIFTY THOUSAND22
	154	+	RETAIL CUSTOMERS.23
	155	+	(k) "UTILITY CONFLICT" MEANS CIRCUMSTANCES IN WHICH A24
	156	+	PROPOSED ROAD IMPROVEMENT PROJECT BRINGS UTILITY FACILITIES OUT25
	157	+	OF COMPLIANCE WITH REGULATORY AGENCY STANDARDS OR EXISTING26
	158	+	UTILITY FACILITIES PRECLUDE OR HINDER THE CONSTRUCTION OF A ROAD27
	159	+	1266
	160	+	-5- IMPROVEMENT PROJECT.1
	161	+	(l) "UTILITY FACILITIES" MEANS ANY LINES OF ELECTRIC LIGHT OR2
	162	+	WIRE, POWER, OR PIPELINE OF A UTILITY COMPANY AND ANY RELATED3
	163	+	SUPPORT STRUCTURES, ATTACHMENTS, APPURTENANCES, EQUIPMENT,4
	164	+	VALVES, CABLE, OR CONDUIT FOR THE LINES, WIRES, OR PIPELINES.5
	165	+	"UTILITY FACILITIES" INCLUDE BOTH THOSE ABOVE AND BELOW GROUND.6
	166	+	(m) "UTILITY RELOCATION" OR "RELOCATION OF UTILITY7
	167	+	FACILITIES" MEANS THE REMOVAL, RELOCATION, OR ALTERATION OF8
	168	+	UTILITY FACILITIES NECESSARY TO RESOLVE A UTILITY CONFLICT CAUSED9
	169	+	BY A ROAD IMPROVEMENT PROJECT FUNDED IN FULL OR IN PART BY A10
	170	+	LOCAL GOVERNMENT OR WITH STATE, FEDERAL, OR OTHER PUBLIC MONEY;11
	171	+	EXCEPT THAT "UTILITY RELOCATION" DOES NOT INCLUDE A PRIVATE12
	172	+	PROJECT RELOCATION.13
	173	+	(2) (a) IF A LOCAL GOVERNMENT ENGAGES IN OR PROPOSES TO14
	174	+	ENGAGE IN A ROAD IMPROVEMENT PROJECT THAT MAY REQUIRE THE15
	175	+	RELOCATION OF UTILITY FACILITIES DUE TO A UTILITY CONFLICT , THE16
	176	+	LOCAL GOVERNMENT SHALL :17
	177	+	(I) NOTIFY THE NOTIFICATION ASSOCIATION, CREATED IN SECTION18
	178	+	9-1.5-105 (1), WITH AN ENGINEERING OR SUBSURFACE UTILITY19
	179	+	ENGINEERING NOTIFICATION TO IDENTIFY EACH UTILITY COMPANY THAT20
	180	+	HAS UTILITY FACILITIES IN THE AREA OF THE ROAD IMPROVEMENT21
	181	+	PROJECT; AND22
	182	+	(II) ELECTRONICALLY NOTIFY IN WRITING EACH UTILITY COMPANY23
	183	+	IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION. THE24
	184	+	NOTICE PROVIDED MUST FOLLOW THE REQUIREMENTS OF SUBSECTION25
	185	+	(2)(b) OF THIS SECTION.26
	186	+	(b) THE NOTICE REQUIRED BY SUBSECTION (2)(a)(II) OF THIS27
	187	+	1266
	188	+	-6- SECTION MUST INCLUDE THE FOLLOWING INFORMATION :1
	189	+	(I) AN EXPLANATION OF THE PROPOSED DESIGN OF THE ROAD2
	190	+	IMPROVEMENT PROJECT, INCLUDING INFORMATION ON FUNDING ;3
	191	+	(II) ANY POTENTIAL UTILITY CONFLICT THAT MAY BE CREATED BY4
	192	+	THE ROAD IMPROVEMENT PROJECT ;5
	193	+	(III) THE ESTIMATED TIMELINE AND DURATION OF THE ROAD6
	194	+	IMPROVEMENT PROJECT;7
	195	+	(IV) THE ESTIMATED TIME FRAME IN WHICH THE UTILITY8
	196	+	RELOCATION SHOULD BE COMPLETED ;9
	197	+	(V) THE FEDERAL IDENTIFYING PROJECT NUMBER, IF APPLICABLE;10
	198	+	AND11
	199	+	(VI) WHETHER THE UTILITY COMPANY MAY QUALIFY FOR12
	200	+	ASSISTANCE TO OFFSET EXPENSES INCURRED IN RELOCATING ITS UTILITY13
	201	+	FACILITIES TO ACCOMMODATE THE PROPOSED ROAD IMPROVEMENT14
	202	+	PROJECT.15
	203	+	(c) THE LOCAL GOVERNMENT SHALL GIVE THE NOTICE REQUIRED16
	204	+	BY SUBSECTION (2)(a)(II) OF THIS SECTION TO THE UTILITY COMPANY AS17
	205	+	EARLY AS PRACTICABLE AND:18
240	206		(I) W
241	207		ITHIN FIFTEEN CALENDAR DAYS OF THE APPROVAL OF THE
242		-	PRELIMINARY DESIGN OF THE ROAD IMPROVEMENT PROJECT
243		-	; AND
244		-	(II) AT LEAST FORTY-FIVE CALENDAR DAYS BEFORE THE INVITATION
245		-	TO BID FOR CONSTRUCTION OF THE ROAD IMPROVEMENT PROJECT
246		-	.
247		-	(d) T
248		-	HE UTILITY COMPANY TO WHICH THE NOTICE REQUIRED BY
249		-	SUBSECTION
250		-	(2)(a)(II) OF THIS SECTION IS DIRECTED SHALL ACKNOWLEDGE
251		-	RECEIPT OF THE NOTICE
252		-	.
253		-	(e) I
254		-	F THERE IS A CHANGE IN THE SCOPE OF A ROAD IMPROVEMENT
255		-	PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS THE UTILITY
256		-	FACILITIES AND THE UTILITY COMPANY
257		-	'S ABILITY TO REASONABLY MEET ITS
258		-	OBLIGATIONS FOR THE UTILITY RELOCATION IN ACCORDANCE WITH THE
259		-	SCHEDULE ESTABLISHED FOR THE ROAD IMPROVEMENT PROJECT
260		-	, A LOCAL
261		-	GOVERNMENT SHALL
262		-	:
263		-	(I) G
264		-	IVE EACH AFFECTED UTILITY COMPANY A NEW WRITTEN NOTICE
265		-	THAT INCLUDES ALL APPLICABLE INFORMATION IN SUBSECTION
266		-	(2)(b) OF
267		-	THIS SECTION
268		-	; AND
269		-	(II) COORDINATE WITH THE AFFECTED UTILITY COMPANY AND
270		-	THIRD
271		-	-PARTY CONTRACTOR, AS APPLICABLE, TO AMEND ANY CLEARANCE
272		-	LETTER AS NECESSARY TO REFLECT MUTUALLY AGREED UPON CHANGES TO
273		-	THE ORIGINAL COMMITMENTS IN THE LETTER
274		-	, INCLUDING REASONABLE
275		-	SCHEDULE ADJUSTMENTS
276		-	, IF AN EXECUTED CLEARANCE LETTER COVERING
277		-	THE UTILITY RELOCATION EXISTS
278		-	.
	208	+	19
	209	+	PRELIMINARY DESIGN OF THE ROAD IMPROVEMENT PROJECT ; AND 20
	210	+	(II) A
	211	+	T LEAST FORTY-FIVE CALENDAR DAYS BEFORE THE
	212	+	21
	213	+	INVITATION TO BID FOR CONSTRUCTION OF THE ROAD IMPROVEMENT22
	214	+	PROJECT.23
	215	+	(d) THE UTILITY COMPANY TO WHICH THE NOTICE REQUIRED BY24
	216	+	SUBSECTION (2)(a)(II) OF THIS SECTION IS DIRECTED SHALL ACKNOWLEDGE25
	217	+	RECEIPT OF THE NOTICE.26
	218	+	(e) IF THERE IS A CHANGE IN THE SCOPE OF A ROAD IMPROVEMENT27
	219	+	1266
	220	+	-7- PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS THE UTILITY1
	221	+	FACILITIES AND THE UTILITY COMPANY'S ABILITY TO REASONABLY MEET2
	222	+	ITS OBLIGATIONS FOR THE UTILITY RELOCATION IN ACCORDANCE WITH THE3
	223	+	SCHEDULE ESTABLISHED FOR THE ROAD IMPROVEMENT PROJECT, A LOCAL4
	224	+	GOVERNMENT SHALL:5
	225	+	(I) GIVE EACH AFFECTED UTILITY COMPANY A NEW WRITTEN6
	226	+	NOTICE THAT INCLUDES ALL APPLICABLE INFORMATION IN SUBSECTION7
	227	+	(2)(b) OF THIS SECTION; AND8
	228	+	(II) COORDINATE WITH THE AFFECTED UTILITY COMPANY AND9
	229	+	THIRD-PARTY CONTRACTOR, AS APPLICABLE, TO AMEND ANY CLEARANCE10
	230	+	LETTER AS NECESSARY TO REFLECT MUTUALLY AGREED UPON CHANGES TO11
	231	+	THE ORIGINAL COMMITMENTS IN THE LETTER, INCLUDING REASONABLE12
	232	+	SCHEDULE ADJUSTMENTS, IF AN EXECUTED CLEARANCE LETTER COVERING13
	233	+	THE UTILITY RELOCATION EXISTS.14
279	234		(f) (I) I
280		-	F UTILITY FACILITIES WERE NOT PREVIOUSLY IDENTIFIED AND
281		-	PAGE 6-HOUSE BILL 24-1266 RESULT IN A NEWLY DISCOVERED UTILITY CONFLICT , THE LOCAL
282		-	GOVERNMENT
283		-	, THE AFFECTED UTILITY COMPANY , AND THE THIRD-PARTY
284		-	CONTRACTOR
285		-	, AS APPLICABLE, SHALL CONFER WITHIN FORTY-EIGHT HOURS
286		-	OF DISCOVERY TO DETERMINE APPROPRIATE RELOCATION PROCEDURES
287		-	.
288		-	(II) W
289		-	ITHIN TEN BUSINESS DAYS OF THE DISCOVERY OF THE UTILITY
290		-	CONFLICT
291		-	, THE LOCAL GOVERNMENT AND THE AFFECTED UTILITY COMPANY
292		-	SHALL NEGOTIATE A CLEARANCE LETTER PURSUANT TO SUBSECTION
293		-	(3) OF
294		-	THIS SECTION
295		-	.
296		-	(3) (a) T
297		-	O FACILITATE A UTILITY RELOCATION , A LOCAL
298		-	GOVERNMENT AND AN AFFECTED UTILITY COMPANY SHALL NEGOTIATE IN
299		-	GOOD FAITH AND SHALL ENTER INTO A MUTUALLY AGREEABLE CLEARANCE
300		-	LETTER
301		-	.
302		-	(b) T
303		-	HE CLEARANCE LETTER MUST INCLUDE :
304		-	(I) A
305		-	N ACKNOWLEDGMENT BY THE LOCAL GOVERNMENT AND THE
306		-	UTILITY COMPANY THAT A UTILITY CONFLICT EXISTS
307		-	;
308		-	(II) T
309		-	HE SCOPE OF THE UTILITY RELOCATION, INCLUDING THE EXTENT
310		-	OF THE UTILITY FACILITIES NEEDING TO BE RELOCATED AS EVIDENCED BY
311		-	THE PLANS AND SPECIFICATIONS
312		-	;
313		-	(III) W
314		-	HETHER THE UTILITY RELOCATION WILL BE PERFORMED BY
315		-	THE UTILITY COMPANY OR BY A THIRD
316		-	-PARTY CONTRACTOR AGREED TO BY
317		-	THE UTILITY COMPANY
318		-	;
319		-	(IV) R
320		-	EQUIREMENTS FOR COORDINATION AMONG THE LOCAL
321		-	GOVERNMENT
322		-	, THE UTILITY COMPANY, AND ANY THIRD-PARTY CONTRACTOR
323		-	THROUGHOUT THE ROAD IMPROVEMENT PROJECT AND UTILITY RELOCATION
324		-	,
325		-	INCLUDING THROUGHOUT ANY PREREQUISITE WORK THAT NEEDS TO OCCUR
326		-	BEFORE THE UTILITY RELOCATION
327		-	;
328		-	(V) W
329		-	HICH ENTITY IS RESPONSIBLE FOR TRAFFIC MANAGEMENT
330		-	DURING THE UTILITY RELOCATION
331		-	;
332		-	(VI) T
333		-	HE NUMBER OF DAYS OF NOTICE THAT THE LOCAL
334		-	GOVERNMENT MUST GIVE TO THE UTILITY COMPANY AHEAD OF THE DATE BY
335		-	WHICH THE UTILITY RELOCATION MUST BE STARTED IN ORDER TO ADHERE TO
336		-	PAGE 7-HOUSE BILL 24-1266 THE ROAD IMPROVEMENT PROJECT SCHEDULE ;
337		-	(VII) A
338		-	N ESTIMATED SCHEDULE FOR THE PERFORMANCE OF THE
339		-	UTILITY RELOCATION
340		-	, INCLUDING THE DURATION OF THE UTILITY
341		-	RELOCATION
342		-	;
343		-	(VIII) A
344		-	REQUIREMENT OF PROMPT PERFORMANCE OF THE UTILITY
345		-	RELOCATION BY THE UTILITY COMPANY IF THE UTILITY COMPANY IS
346		-	PERFORMING THE UTILITY RELOCATION OR BY THE THIRD
347		-	-PARTY
348		-	CONTRACTOR AGREED TO BY THE UTILITY COMPANY TO PERFORM THE
349		-	UTILITY RELOCATION
350		-	, EXCEPT WHEN PERFORMANCE IS EXCUSED DUE TO
351		-	FORCE MAJEURE
352		-	, THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC
353		-	ROADWAY
354		-	, OR A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A ROAD
355		-	IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS
356		-	THE UTILITY FACILITIES
357		-	;
358		-	(IX) A
359		-	REQUIREMENT OF PAYMENT BY THE UTILITY COMPANY FOR
360		-	ACTUAL DAMAGES CAUSED BY THE UTILITY COMPANY
361		-	'S DELAY IN THE
362		-	PERFORMANCE OF THE UTILITY RELOCATION OR INTERFERENCE WITH THE
363		-	PERFORMANCE OF THE UTILITY RELOCATION BY ANY CONTRACTOR NOT
364		-	HIRED BY THE UTILITY COMPANY
365		-	; EXCEPT THAT DELAY OR INTERFERENCE
366		-	CAUSED BY THE FOLLOWING WILL NOT BE CHARGED TO THE UTILITY
367		-	COMPANY
368		-	:
369		-	(A) A
370		-	FORCE MAJEURE;
371		-	(B) T
372		-	HE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC
373		-	ROADWAY
374		-	; OR
375		-	(C) A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A ROAD
376		-	IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS
377		-	THE UTILITY FACILITIES AND THE UTILITY COMPANY
378		-	'S ABILITY TO PERFORM
379		-	THE RELOCATION WORK AS ESTABLISHED IN THE CLEARANCE LETTER
380		-	;
381		-	(X) A
382		-	REQUIREMENT THAT THE LOCAL GOVERNMENT , AT ITS SOLE
383		-	COST
384		-	, SURVEY AND STAKE THE LOCATION WHERE THE UTILITY FACILITIES
385		-	WILL BE LOCATED PRIOR TO THE BEGINNING OF THE UTILITY RELOCATION
386		-	,
387		-	AND THAT THE COST OF ANY REQUIRED RE-STAKING DUE TO THE ACTIONS OF
388		-	A UTILITY COMPANY OR ITS CONTRACTOR BE PAID BY THE UTILITY COMPANY
389		-	;
390		-	PAGE 8-HOUSE BILL 24-1266 (XI) A REQUIREMENT THAT, UPON THE DISCOVERY OF HAZARDOUS
391		-	MATERIAL IN A PUBLIC ROADWAY IN CONNECTION WITH UTILITY
392		-	RELOCATION
393		-	, THE UTILITY RELOCATION WORK CEASE UNTIL THE LOCAL
394		-	GOVERNMENT TAKES NECESSARY STEPS TO PROVIDE A UTILITY CORRIDOR
395		-	FREE FROM HAZARDOUS MATERIAL
396		-	, AND THAT THE LOCAL GOVERNMENT IS
397		-	RESPONSIBLE FOR THE MANAGEMENT
398		-	, TRANSPORTATION, AND DISPOSAL OF
399		-	ANY SOIL FROM THE PUBLIC RIGHT
400		-	-OF-WAY CONTAMINATED WITH
401		-	HAZARDOUS MATERIAL
402		-	;
403		-	(XII) A
404		-	REQUIREMENT THAT ALL DESIGN AND CONSTRUCTION OF THE
405		-	UTILITY RELOCATION ARE SUBJECT TO REVIEW AND APPROVAL BY ENGINEERS
406		-	FOR THE LOCAL GOVERNMENT AND FOR THE UTILITY COMPANY
407		-	; AND
408		-	(XIII) A DISPUTE RESOLUTION PROVISION THAT INCLUDES
409		-	MECHANISMS FOR NOTICE OF A FAILURE TO PERFORM IN ACCORDANCE WITH
410		-	THE CLEARANCE LETTER AND FOR A REASONABLE OPPORTUNITY TO CURE
411		-	.
412		-	(c) (I) T
413		-	HE CLEARANCE LETTER MAY ALLOW FOR UTILITY COMPANY
414		-	BETTERMENT AT THE EXPENSE OF THE UTILITY COMPANY
415		-	; EXCEPT THAT ANY
416		-	UTILITY COMPANY BETTERMENT MUST NOT MATERIALLY DELAY THE UTILITY
417		-	RELOCATION
418		-	.
419		-	(II) A
420		-	S USED IN THIS SUBSECTION (3)(c), "UTILITY COMPANY
421		-	BETTERMENT
422		-	" MEANS ANY UPGRADE OF THE UTILITY FACILITIES BEING
423		-	RELOCATED THAT IS NOT ATTRIBUTABLE TO THE ROAD IMPROVEMENT
424		-	PROJECT AND THAT IS MADE SOLELY FOR THE BENEFIT AND AT THE ELECTION
425		-	OF THE AFFECTED UTILITY COMPANY
426		-	.
427		-	(4) (a) U
428		-	PON BEING PROVIDED WRITTEN DOCUMENTATION OF THE
429		-	HORIZONTAL AND VERTICAL LOCATIONS OF THE RELOCATED UTILITY
430		-	FACILITIES AND A STATEMENT BY THE UTILITY COMPANY OR ITS
431		-	CONTRACTOR THAT THE UTILITY FACILITIES ARE RELOCATED IN
432		-	ACCORDANCE WITH THE APPROVED UTILITY RELOCATION PLANS
433		-	, A LOCAL
434		-	GOVERNMENT SHALL COMPLETE ITS REVIEW OF THE COMPLETED UTILITY
435		-	RELOCATION AND PROVIDE A WRITTEN DETERMINATION OF WHETHER IT
436		-	ACCEPTS OR REJECTS THE COMPLETED UTILITY RELOCATION WITHIN
437		-	FOURTEEN CALENDAR DAYS OF COMPLETION OF THE RELOCATION OR RECEIPT
438		-	OF THE DOCUMENTATION INDICATING THE LOCATION OF THE RELOCATED
439		-	UTILITY FACILITIES FROM THE UTILITY COMPANY
440		-	, WHICHEVER IS LATER.
441		-	PAGE 9-HOUSE BILL 24-1266 (b) IF THE LOCAL GOVERNMENT ACCEPTS THE UTILITY RELOCATION ,
442		-	THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN ACCEPTANCE OF THE
443		-	UTILITY RELOCATION TO THE UTILITY COMPANY
444		-	.
445		-	(c) (I) I
446		-	F THE LOCAL GOVERNMENT REJECTS THE UTILITY
447		-	RELOCATION
448		-	, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN
449		-	REJECTION AND REASONING TO THE UTILITY COMPANY
450		-	.
451		-	(II) T
452		-	HE UTILITY COMPANY SHALL PROMPTLY MAKE THE NECESSARY
453		-	CHANGES TO THE UTILITY RELOCATION IDENTIFIED IN THE WRITTEN
454		-	REJECTION TO CONFORM WITH THE PLANS AND SPECIFICATIONS IDENTIFIED
455		-	IN THE CLEARANCE LETTER
456		-	. THE UTILITY COMPANY IS RESPONSIBLE FOR
457		-	PAYMENT OF ACTUAL DAMAGES CAUSED BY ANY DELAY IN THE ROAD
458		-	IMPROVEMENT PROJECT SCHEDULE AS A RESULT OF THE NECESSARY
459		-	CHANGES TO THE UTILITY RELOCATION TO BRING THE RELOCATION INTO
460		-	COMPLIANCE WITH THE PLANS AND SPECIFICATIONS IDENTIFIED IN THE
461		-	CLEARANCE LETTER
462		-	.
463		-	(d) I
464		-	F THE LOCAL GOVERNMENT FAILS TO TIMELY PROVIDE THE
465		-	WRITTEN DETERMINATION REQUIRED BY SUBSECTION
466		-	(4)(a) OF THIS SECTION,
467		-	THE UTILITY RELOCATION IS DEEMED ACCEPTED .
468		-	(e) A
469		-	UTILITY COMPANY SHALL NOT BE REQUIRED TO PAY FOR
470		-	RELOCATION OF PREVIOUSLY RELOCATED UTILITY FACILITIES WITHIN TWO
471		-	YEARS FOLLOWING THE ACCEPTANCE OF THE PREVIOUS UTILITY RELOCATION
472		-	BY THE LOCAL GOVERNMENT PURSUANT TO THIS SUBSECTION
473		-	(4), EXCEPT IN
474		-	THE EVENT OF AN EMERGENCY
475		-	.
476		-	(5) A
477		-	LOCAL GOVERNMENT MAY , AFTER OPPORTUNITY FOR RELIEF
478		-	BETWEEN THE LOCAL GOVERNMENT AND THE UTILITY COMPANY PURSUANT
479		-	TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN THE CLEARANCE LETTER
480		-	,
481		-	WITHHOLD ISSUANCE OF A PERMIT FOR THE LOCATION OR INSTALLATION OF
482		-	OTHER UTILITY FACILITIES IN A PUBLIC ROADWAY TO A UTILITY COMPANY
483		-	UNTIL THE DISPUTE IS RESOLVED
484		-	, WHICH MAY INCLUDE PAYMENT TO THE
485		-	LOCAL GOVERNMENT FOR ANY ACTUAL DAMAGES CAUSED BY THE UTILITY
486		-	COMPANY
487		-	'S DELAY IN THE PERFORMANCE OF A UTILITY RELOCATION .
488		-	(6) W
489		-	HEN NECESSARY AND FEASIBLE AND AFTER MUTUAL
490		-	AGREEMENT WITH AN AFFECTED UTILITY COMPANY
491		-	, A LOCAL GOVERNMENT
492		-	MAY OBTAIN ADDITIONAL PUBLIC RIGHTS
493		-	-OF-WAY OR EASEMENTS TO
494		-	PAGE 10-HOUSE BILL 24-1266 ACCOMMODATE A UTILITY RELOCATION . THE LOCAL GOVERNMENT IS
495		-	RESPONSIBLE FOR THE COST OF OBTAINING ANY ADDITIONAL RIGHT
496		-	-OF-WAY
497		-	UNLESS THE ADDITIONAL RIGHT
498		-	-OF-WAY IS ONLY NEEDED TO ACCOMMODATE
499		-	A UTILITY COMPANY B ETTERMENT AND IS NOT REQUIRED FOR A ROAD
500		-	IMPROVEMENT PROJECT
501		-	.
502		-	(7) A
503		-	LOCAL GOVERNMENT AND AN AFFECTED UTILITY COMPANY
504		-	SHALL MAKE ARRANGEMENTS FOR FUNDING ANY UTILITY RELOCATION AS
505		-	SPECIFIED IN ANY EASEMENTS
506		-	, LICENSES, OR OTHER PROPERTY INTERESTS OR
507		-	RIGHTS OF USE HELD BY THE LOCAL GOVERNMENT OR THE UTILITY COMPANY
508		-	.
509		-	T
510		-	HE RECOVERY OF UNDERGROUND UTILITY LOCATE COSTS , AS INCURRED BY
511		-	THE UTILITY COMPANY
512		-	, MUST OCCUR THROUGH APPROPRIATE RATE
513		-	ADJUSTMENT CLAUSES
514		-	.
515		-	(8) N
516		-	O PARTY OTHER THAN THE OWNER OF THE UTILITY FACILITIES
517		-	MAY RELOCATE UTILITY FACILITIES WITHOUT THE EXPRESS CONSENT OF THE
518		-	AFFECTED UTILITY COMPANY
519		-	.
520		-	(9) N
521		-	OTHING IN THIS SECTION:
522		-	(a) A
523		-	LTERS OR DIMINISHES THE AUTHORITY OF A LOCAL
524		-	GOVERNMENT TO LAWFULLY EXERCISE ITS POLICE POWERS WITH RESPECT TO
525		-	THE RELOCATION OF UTILITY FACILITIES WITHIN THE LOCAL GOVERNMENT
526		-	BOUNDARIES
527		-	;
528		-	(b) A
529		-	LTERS EXISTING PROPERTY AGREEMENTS , LICENSES, FRANCHISE
530		-	AGREEMENTS
531		-	, OR OTHER VESTED INTERESTS OF A LOCAL GOVERNMENT OR
532		-	A UTILITY COMPANY ESTABLISHED IN THE EXISTING PROPERTY AGREEMENT
533		-	,
534		-	LICENSE, FRANCHISE AGREEMENT, OR OTHER VESTED INTEREST, INCLUDING
535		-	THE OBLIGATION TO PAY FOR UTILITY RELOCATION
536		-	;
537		-	(c) A
538		-	LTERS THE TERMS OF ANY FRANCHISE OR LICENSE GRANTED
539		-	PURSUANT TO SECTION
540		-	31-32-101 OR ARTICLE XX OF THE STATE
541		-	CONSTITUTION
542		-	;
543		-	(d) A
544		-	LTERS OR DIMINISHES THE LOCAL GOVERNMENT 'S ABILITY TO
545		-	RECOVER COSTS OR DAMAGES FROM ANY PARTY RESPONSIBLE FOR
546		-	HAZARDOUS MATERIAL DISCOVERED IN A PUBLIC ROADWAY
547		-	;
548		-	(e) A
549		-	LTERS OR DIMINISHES THE UTILITY COMPANY 'S ABILITY TO
550		-	PAGE 11-HOUSE BILL 24-1266 RECOVER COSTS OR DAMAGES RESULTING FROM THE DISCOVERY OF
551		-	HAZARDOUS MATERIAL
552		-	, PREVIOUSLY UNIDENTIFIED UTILITY CONFLICTS, OR
553		-	THE ACTS OR OMISSIONS OF A THIRD PARTY
554		-	;
555		-	(f) A
556		-	LTERS ANY COMMON LAW OF THE STATE ALLOCATING THE COST
557		-	OF UTILITY RELOCATION WITHIN A PUBLIC RIGHT
558		-	-OF-WAY; OR
559		-	(g) PREVENTS A LOCAL GOVERNMENT FROM PURSUING ALTERNATIVE
560		-	ARRANGEMENTS FOR ROAD IMPROVEMENT PROJECTS
561		-	, IN WHICH CASE
562		-	SUBSECTIONS
563		-	(2) THROUGH (8) OF THIS SECTION DO NOT APPLY.
564		-	SECTION 3. Act subject to petition - effective date -
565		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
566		-	the expiration of the ninety-day period after final adjournment of the
567		-	general assembly; except that, if a referendum petition is filed pursuant to
568		-	section 1 (3) of article V of the state constitution against this act or an item,
569		-	section, or part of this act within such period, then the act, item, section, or
570		-	part will not take effect unless approved by the people at the general
571		-	election to be held in November 2024 and, in such case, will take effect on
572		-	the date of the official declaration of the vote thereon by the governor.
573		-	PAGE 12-HOUSE BILL 24-1266 (2) This act applies to utility relocation work commencing on or
574		-	after the applicable effective date of this act.
575		-	____________________________ ____________________________
576		-	Julie McCluskie Steve Fenberg
577		-	SPEAKER OF THE HOUSE PRESIDENT OF
578		-	OF REPRESENTATIVES THE SENATE
579		-	____________________________ ____________________________
580		-	Robin Jones Cindi L. Markwell
581		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
582		-	OF REPRESENTATIVES THE SENATE
583		-	APPROVED________________________________________
584		-	(Date and Time)
585		-	_________________________________________
586		-	Jared S. Polis
587		-	GOVERNOR OF THE STATE OF COLORADO
588		-	PAGE 13-HOUSE BILL 24-1266
	235	+	F UTILITY FACILITIES WERE NOT PREVIOUSLY IDENTIFIED
	236	+	15
	237	+	AND RESULT IN A NEWLY DISCOVERED UTILITY CONFLICT , THE LOCAL16
	238	+	GOVERNMENT, THE AFFECTED UTILITY COMPANY, AND THE THIRD-PARTY17
	239	+	CONTRACTOR, AS APPLICABLE, SHALL CONFER WITHIN FORTY-EIGHT HOURS18
	240	+	OF DISCOVERY TO DETERMINE APPROPRIATE RELOCATION PROCEDURES .19
	241	+	(II) WITHIN TEN BUSINESS DAYS OF THE DISCOVERY OF THE20
	242	+	UTILITY CONFLICT, THE LOCAL GOVERNMENT AND THE AFFECTED UTILITY21
	243	+	COMPANY SHALL NEGOTIATE A CLEARANCE LETTER PURSUANT TO22
	244	+	SUBSECTION (3) OF THIS SECTION.23
	245	+	(3) (a) TO FACILITATE A UTILITY RELOCATION , A LOCAL24
	246	+	GOVERNMENT AND AN AFFECTED UTILITY COMPANY SHALL NEGOTIATE IN25
	247	+	GOOD FAITH AND SHALL ENTER INTO A MUTUALLY AGREEABLE CLEARANCE26
	248	+	LETTER.27
	249	+	1266
	250	+	-8- (b) THE CLEARANCE LETTER MUST INCLUDE :1
	251	+	(I) AN ACKNOWLEDGMENT BY THE LOCAL GOVERNMENT AND THE2
	252	+	UTILITY COMPANY THAT A UTILITY CONFLICT EXISTS ;3
	253	+	(II) THE SCOPE OF THE UTILITY RELOCATION, INCLUDING THE4
	254	+	EXTENT OF THE UTILITY FACILITIES NEEDING TO BE RELOCATED AS5
	255	+	EVIDENCED BY THE PLANS AND SPECIFICATIONS ;6
	256	+	(III) WHETHER THE UTILITY RELOCATION WILL BE PERFORMED BY7
	257	+	THE UTILITY COMPANY OR BY A THIRD-PARTY CONTRACTOR AGREED TO BY8
	258	+	THE UTILITY COMPANY;9
	259	+	(IV) REQUIREMENTS FOR COORDINATION AMONG THE LOCAL10
	260	+	GOVERNMENT, THE UTILITY COMPANY, AND ANY THIRD -PARTY11
	261	+	CONTRACTOR THROUGHOUT THE ROAD IMPROVEMENT PROJECT AND12
	262	+	UTILITY RELOCATION, INCLUDING THROUGHOUT ANY PREREQUISITE WORK13
	263	+	THAT NEEDS TO OCCUR BEFORE THE UTILITY RELOCATION ;14
	264	+	(V) WHICH ENTITY IS RESPONSIBLE FOR TRAFFIC MANAGEMENT15
	265	+	DURING THE UTILITY RELOCATION;16
	266	+	(VI) THE NUMBER OF DAYS OF NOTICE THAT THE LOCAL17
	267	+	GOVERNMENT MUST GIVE TO THE UTILITY COMPANY AHEAD OF THE DATE18
	268	+	BY WHICH THE UTILITY RELOCATION MUST BE STARTED IN ORDER TO19
	269	+	ADHERE TO THE ROAD IMPROVEMENT PROJECT SCHEDULE ;20
	270	+	(VII) AN ESTIMATED SCHEDULE FOR THE PERFORMANCE OF THE21
	271	+	UTILITY RELOCATION, INCLUDING THE DURATION OF THE UTILITY22
	272	+	RELOCATION;23
	273	+	(VIII) A REQUIREMENT OF PROMPT PERFORMANCE OF THE UTILITY24
	274	+	RELOCATION BY THE UTILITY COMPANY IF THE UTILITY COMPANY IS25
	275	+	PERFORMING THE UTILITY RELOCATION OR BY THE THIRD -PARTY26
	276	+	CONTRACTOR AGREED TO BY THE UTILITY COMPANY TO PERFORM THE27
	277	+	1266
	278	+	-9- UTILITY RELOCATION, EXCEPT WHEN PERFORMANCE IS EXCUSED DUE TO1
	279	+	FORCE MAJEURE, THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC2
	280	+	ROADWAY, OR A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A3
	281	+	ROAD IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT4
	282	+	AFFECTS THE UTILITY FACILITIES;5
	283	+	(IX) A REQUIREMENT OF PAYMENT BY THE UTILITY COMPANY FOR6
	284	+	ACTUAL DAMAGES CAUSED BY THE UTILITY COMPANY'S DELAY IN THE7
	285	+	PERFORMANCE OF THE UTILITY RELOCATION OR INTERFERENCE WITH THE8
	286	+	PERFORMANCE OF THE UTILITY RELOCATION BY ANY CONTRACTOR NOT9
	287	+	HIRED BY THE UTILITY COMPANY; EXCEPT THAT DELAY OR INTERFERENCE10
	288	+	CAUSED BY THE FOLLOWING WILL NOT BE CHARGED TO THE UTILITY11
	289	+	COMPANY:12
	290	+	(A) A FORCE MAJEURE; 13
	291	+	(B) THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC14
	292	+	ROADWAY; OR15
	293	+	(C) A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A ROAD16
	294	+	IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS17
	295	+	THE UTILITY FACILITIES AND THE UTILITY COMPANY'S ABILITY TO PERFORM18
	296	+	THE RELOCATION WORK AS ESTABLISHED IN THE CLEARANCE LETTER ;19
	297	+	(X) A REQUIREMENT THAT THE LOCAL GOVERNMENT, AT ITS SOLE20
	298	+	COST, SURVEY AND STAKE THE LOCATION WHERE THE UTILITY FACILITIES21
	299	+	WILL BE LOCATED PRIOR TO THE BEGINNING OF THE UTILITY RELOCATION,22
	300	+	AND THAT THE COST OF ANY REQUIRED RE-STAKING DUE TO THE ACTIONS23
	301	+	OF A UTILITY COMPANY OR ITS CONTRACTOR BE PAID BY THE UTILITY24
	302	+	COMPANY;25
	303	+	(XI) A REQUIREMENT THAT, UPON THE DISCOVERY OF HAZARDOUS26
	304	+	MATERIAL IN A PUBLIC ROADWAY IN CONNECTION WITH UTILITY27
	305	+	1266
	306	+	-10- RELOCATION, THE UTILITY RELOCATION WORK CEASE UNTIL THE LOCAL1
	307	+	GOVERNMENT TAKES NECESSARY STEPS TO PROVIDE A UTILITY CORRIDOR2
	308	+	FREE FROM HAZARDOUS MATERIAL , AND THAT THE LOCAL GOVERNMENT3
	309	+	IS RESPONSIBLE FOR THE MANAGEMENT , TRANSPORTATION, AND DISPOSAL4
	310	+	OF ANY SOIL FROM THE PUBLIC RIGHT-OF-WAY CONTAMINATED WITH5
	311	+	HAZARDOUS MATERIAL ;6
	312	+	(XII) A REQUIREMENT THAT ALL DESIGN AND CONSTRUCTION OF7
	313	+	THE UTILITY RELOCATION ARE SUBJECT TO REVIEW AND APPROVAL BY8
	314	+	ENGINEERS FOR THE LOCAL GOVERNMENT AND FOR THE UTILITY9
	315	+	COMPANY; AND10
	316	+	(XIII) A DISPUTE RESOLUTION PROVISION THAT INCLUDES11
	317	+	MECHANISMS FOR NOTICE OF A FAILURE TO PERFORM IN ACCORDANCE12
	318	+	WITH THE CLEARANCE LETTER AND FOR A REASONABLE OPPORTUNITY TO13
	319	+	CURE.14
	320	+	(c) (I) THE CLEARANCE LETTER MAY ALLOW FOR UTILITY15
	321	+	COMPANY BETTERMENT AT THE EXPENSE OF THE UTILITY COMPANY;16
	322	+	EXCEPT THAT ANY UTILITY COMPANY BETTERMENT MUST NOT17
	323	+	MATERIALLY DELAY THE UTILITY RELOCATION .18
	324	+	(II) AS USED IN THIS SUBSECTION (3)(c), "UTILITY COMPANY19
	325	+	BETTERMENT" MEANS ANY UPGRADE OF THE UTILITY FACILITIES BEING20
	326	+	RELOCATED THAT IS NOT ATTRIBUTABLE TO THE ROAD IMPROVEMENT21
	327	+	PROJECT AND THAT IS MADE SOLELY FOR THE BENEFIT AND AT THE22
	328	+	ELECTION OF THE AFFECTED UTILITY COMPANY .23
	329	+	(4) (a) UPON BEING PROVIDED WRITTEN DOCUMENTATION OF THE24
	330	+	HORIZONTAL AND VERTICAL LOCATIONS OF THE RELOCATED UTILITY25
	331	+	FACILITIES AND A STATEMENT BY THE UTILITY COMPANY OR ITS26
	332	+	CONTRACTOR THAT THE UTILITY FACILITIES ARE RELOCATED IN27
	333	+	1266
	334	+	-11- ACCORDANCE WITH THE APPROVED UTILITY RELOCATION PLANS , A LOCAL1
	335	+	GOVERNMENT SHALL COMPLETE ITS REVIEW OF THE COMPLETED UTILITY2
	336	+	RELOCATION AND PROVIDE A WRITTEN DETERMINATION OF WHETHER IT3
	337	+	ACCEPTS OR REJECTS THE COMPLETED UTILITY RELOCATION WITHIN4
	338	+	FOURTEEN CALENDAR DAYS OF COMPLETION OF THE RELOCATION OR5
	339	+	RECEIPT OF THE DOCUMENTATION INDICATING THE LOCATION OF THE6
	340	+	RELOCATED UTILITY FACILITIES FROM THE UTILITY COMPANY , WHICHEVER7
	341	+	IS LATER.8
	342	+	(b) IF THE LOCAL GOVERNMENT ACCEPTS THE UTILITY9
	343	+	RELOCATION, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN10
	344	+	ACCEPTANCE OF THE UTILITY RELOCATION TO THE UTILITY COMPANY .11
	345	+	(c) (I) IF THE LOCAL GOVERNMENT REJECTS THE UTILITY12
	346	+	RELOCATION, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN13
	347	+	REJECTION AND REASONING TO THE UTILITY COMPANY .14
	348	+	(II) THE UTILITY COMPANY SHALL PROMPTLY MAKE THE15
	349	+	NECESSARY CHANGES TO THE UTILITY RELOCATION IDENTIFIED IN THE16
	350	+	WRITTEN REJECTION TO CONFORM WITH THE PLANS AND SPECIFICATIONS17
	351	+	IDENTIFIED IN THE CLEARANCE LETTER. THE UTILITY COMPANY IS18
	352	+	RESPONSIBLE FOR PAYMENT OF ACTUAL DAMAGES CAUSED BY ANY DELAY19
	353	+	IN THE ROAD IMPROVEMENT PROJECT SCHEDULE AS A RESULT OF THE20
	354	+	NECESSARY CHANGES TO THE UTILITY RELOCATION TO BRING THE21
	355	+	RELOCATION INTO COMPLIANCE WITH THE PLANS AND SPECIFICATIONS22
	356	+	IDENTIFIED IN THE CLEARANCE LETTER.23
	357	+	(d) IF THE LOCAL GOVERNMENT FAILS TO TIMELY PROVIDE THE24
	358	+	WRITTEN DETERMINATION REQUIRED BY SUBSECTION (4)(a) OF THIS25
	359	+	SECTION, THE UTILITY RELOCATION IS DEEMED ACCEPTED .26
	360	+	(e) A UTILITY COMPANY SHALL NOT BE REQUIRED TO PAY FOR27
	361	+	1266
	362	+	-12- RELOCATION OF PREVIOUSLY RELOCATED UTILITY FACILITIES WITHIN TWO1
	363	+	YEARS FOLLOWING THE ACCEPTANCE OF THE PREVIOUS UTILITY2
	364	+	RELOCATION BY THE LOCAL GOVERNMENT PURSUANT TO THIS SUBSECTION3
	365	+	(4), EXCEPT IN THE EVENT OF AN EMERGENCY .4
	366	+	(5) A LOCAL GOVERNMENT MAY, AFTER OPPORTUNITY FOR RELIEF5
	367	+	BETWEEN THE LOCAL GOVERNMENT AND THE UTILITY COMPANY6
	368	+	PURSUANT TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN THE7
	369	+	CLEARANCE LETTER, WITHHOLD ISSUANCE OF A PERMIT FOR THE LOCATION8
	370	+	OR INSTALLATION OF OTHER UTILITY FACILITIES IN A PUBLIC ROADWAY TO9
	371	+	A UTILITY COMPANY UNTIL THE DISPUTE IS RESOLVED, WHICH MAY10
	372	+	INCLUDE PAYMENT TO THE LOCAL GOVERNMENT FOR ANY ACTUAL11
	373	+	DAMAGES CAUSED BY THE UTILITY COMPANY'S DELAY IN THE12
	374	+	PERFORMANCE OF A UTILITY RELOCATION .13
	375	+	(6) WHEN NECESSARY AND FEASIBLE AND AFTER MUTUAL14
	376	+	AGREEMENT WITH AN AFFECTED UTILITY COMPANY , A LOCAL15
	377	+	GOVERNMENT MAY OBTAIN ADDITIONAL PUBLIC RIGHTS -OF-WAY OR16
	378	+	EASEMENTS TO ACCOMMODATE A UTILITY RELOCATION . THE LOCAL17
	379	+	GOVERNMENT IS RESPONSIBLE FOR THE COST OF OBTAINING ANY18
	380	+	ADDITIONAL RIGHT-OF-WAY UNLESS THE ADDITIONAL RIGHT-OF-WAY IS19
	381	+	ONLY NEEDED TO ACCOMMODATE A UTILITY COMPANY BETTERMENT AND20
	382	+	IS NOT REQUIRED FOR A ROAD IMPROVEMENT PROJECT .21
	383	+	(7) A LOCAL GOVERNMENT AND AN AFFECTED UTILITY COMPANY22
	384	+	SHALL MAKE ARRANGEMENTS FOR FUNDING ANY UTILITY RELOCATION AS23
	385	+	SPECIFIED IN ANY EASEMENTS, LICENSES, OR OTHER PROPERTY INTERESTS24
	386	+	OR RIGHTS OF USE HELD BY THE LOCAL GOVERNMENT OR THE UTILITY25
	387	+	COMPANY. THE RECOVERY OF UNDERGROUND UTILITY LOCATE COSTS, AS26
	388	+	INCURRED BY THE UTILITY COMPANY, MUST OCCUR THROUGH27
	389	+	1266
	390	+	-13- APPROPRIATE RATE ADJUSTMENT CLAUSES .1
	391	+	(8) NO PARTY OTHER THAN THE OWNER OF THE UTILITY FACILITIES2
	392	+	MAY RELOCATE UTILITY FACILITIES WITHOUT THE EXPRESS CONSENT OF3
	393	+	THE AFFECTED UTILITY COMPANY .4
	394	+	(9) NOTHING IN THIS SECTION:5
	395	+	(a) ALTERS OR DIMINISHES THE AUTHORITY OF A LOCAL6
	396	+	GOVERNMENT TO LAWFULLY EXERCISE ITS POLICE POWERS WITH RESPECT7
	397	+	TO THE RELOCATION OF UTILITY FACILITIES WITHIN THE LOCAL8
	398	+	GOVERNMENT BOUNDARIES ;9
	399	+	(b) ALTERS EXISTING PROPERTY AGREEMENTS, LICENSES,10
	400	+	FRANCHISE AGREEMENTS, OR OTHER VESTED INTERESTS OF A LOCAL11
	401	+	GOVERNMENT OR A UTILITY COMPANY ESTABLISHED IN THE EXISTING12
	402	+	PROPERTY AGREEMENT, LICENSE, FRANCHISE AGREEMENT, OR OTHER13
	403	+	VESTED INTEREST, INCLUDING THE OBLIGATION TO PAY FOR UTILITY14
	404	+	RELOCATION;15
	405	+	(c) ALTERS THE TERMS OF ANY FRANCHISE OR LICENSE GRANTED16
	406	+	PURSUANT TO SECTION 31-32-101 OR ARTICLE XX OF THE STATE17
	407	+	CONSTITUTION;18
	408	+	(d) ALTERS OR DIMINISHES THE LOCAL GOVERNMENT'S ABILITY TO19
	409	+	RECOVER COSTS OR DAMAGES FROM ANY PARTY RESPONSIBLE FOR20
	410	+	HAZARDOUS MATERIAL DISCOVERED IN A PUBLIC ROADWAY ;21
	411	+	(e) ALTERS OR DIMINISHES THE UTILITY COMPANY 'S ABILITY TO22
	412	+	RECOVER COSTS OR DAMAGES RESULTING FROM THE DISCOVERY OF23
	413	+	HAZARDOUS MATERIAL, PREVIOUSLY UNIDENTIFIED UTILITY CONFLICTS,24
	414	+	OR THE ACTS OR OMISSIONS OF A THIRD PARTY; 25
	415	+	(f) ALTERS ANY COMMON LAW OF THE STATE ALLOCATING THE26
	416	+	COST OF UTILITY RELOCATION WITHIN A PUBLIC RIGHT -OF-WAY; OR27
	417	+	1266
	418	+	-14- (g) PREVENTS A LOCAL GOVERNMENT FROM PURSUING1
	419	+	ALTERNATIVE ARRANGEMENTS FOR ROAD IMPROVEMENT PROJECTS , IN2
	420	+	WHICH CASE SUBSECTIONS (2) THROUGH (8) OF THIS SECTION DO NOT3
	421	+	APPLY.4
	422	+	SECTION 3. Act subject to petition - effective date -5
	423	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following6
	424	+	the expiration of the ninety-day period after final adjournment of the7
	425	+	general assembly; except that, if a referendum petition is filed pursuant8
	426	+	to section 1 (3) of article V of the state constitution against this act or an9
	427	+	item, section, or part of this act within such period, then the act, item,10
	428	+	section, or part will not take effect unless approved by the people at the11
	429	+	general election to be held in November 2024 and, in such case, will take12
	430	+	effect on the date of the official declaration of the vote thereon by the13
	431	+	governor.14
	432	+	(2) This act applies to utility relocation work commencing on or15
	433	+	after the applicable effective date of this act.16
	434	+	1266
	435	+	-15-