HOUSE BILL 24-1266
BY REPRESENTATIVE(S) Hamrick and Frizell, Bird, Lindsay, Marshall,
Ricks, Snyder, Soper, Story, Taggart, Valdez, Vigil, Weinberg, Catlin,
Froelich, Pugliese;
also SENATOR(S) Zenzinger.
C
ONCERNING THE RELOCATION OF UTILITY FACILITIES IN A LOCAL
GOVERNMENT RIGHT
-OF-WAY.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Colorado statutes outline the use of public highways for the
operation and maintenance of the transportation system, and utilities must
be constructed so as not to obstruct or hinder the usual travel on such
highways, as described in section 38-5-101, Colorado Revised Statutes;
(b) From time to time, local governments provide improvements to
their transportation systems through projects within their jurisdictions;
(c) The scheduling and timely performance of a road improvement
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. project partially depends on coordination with utility companies for the
prompt performance of utility relocation work necessitated by construction
of the road improvement project;
(d) Increased coordination between local governments and utility
companies is in the public interest, and prompt performance of utility
relocation work according to the project schedule will reduce delays and the
costs of construction;
(e) Colorado statute outlines this type of coordination between the
regional transportation district and utility companies in section 32-9-119.1,
Colorado Revised Statutes;
(f) Colorado statute outlines this type of coordination between the
Colorado department of transportation and utility companies in section
43-1-1411, Colorado Revised Statutes; and
(g) Construction-related delays to road improvement projects can
cost local governments millions of dollars of unbudgeted and unanticipated
costs, thereby affecting the taxpayers of that community.
SECTION 2. In Colorado Revised Statutes, add 38-5-109 as
follows:
38-5-109. Utility relocation clearance letter - definitions. (1) A
S
USED IN THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "C
LEARANCE LETTER" MEANS A WRITTEN AGREEMENT BETWEEN
A LOCAL GOVERNMENT PROPOSING A ROAD IMPROVEMENT PROJECT AND A
UTILITY COMPANY
, IN WHICH THE UTILITY COMPANY AND THE LOCAL
GOVERNMENT MUTUALLY ESTABLISH THE SCOPE
, CONDITIONS, AND
SCHEDULE FOR THE UTILITY RELOCATION REQUIRED FOR THE ROAD
IMPROVEMENT PROJECT
.
(b) "F
ORCE MAJEURE" MEANS FIRE, EXPLOSION, FLOODS, ACTION OF
THE ELEMENTS
, STRIKE, LABOR DISPUTES , INTERRUPTION OF
TRANSPORTATION
, RATIONING, SHORTAGE OF EQUIPMENT OR MATERIALS ,
COURT ACTION, ILLEGALITY, UNUSUALLY SEVERE WEATHER , ACT OF GOD,
ACT OF WAR OR TERRORISM , EPIDEMICS OR PANDEMICS, QUARANTINES,
SEASONAL LIMITATIONS ON UTILITY OPERATIONS , OR ANY OTHER CAUSE
PAGE 2-HOUSE BILL 24-1266 THAT IS BEYOND THE REASONABLE CONTROL OF THE ENTITY PERFORMING
THE UTILITY RELOCATION
.
(c) "H
AZARDOUS MATERIAL" MEANS ANY SUBSTANCE, POLLUTANT,
CONTAMINANT, CHEMICAL, MATERIAL, OR WASTE, OR ANY SOIL OR WATER
CONTAMINATED WITH SUCH HAZARDOUS MATERIAL
, THAT IS:
(I) I
NCLUDED IN THE DEFINITION OF HAZARDOUS SUBSTANCE ,
HAZARDOUS WASTE, TOXIC SUBSTANCE, HAZARDOUS POLLUTANT , TOXIC
POLLUTANT
, NONHAZARDOUS WASTE , OR UNIVERSAL WASTE, AS REGULATED
BY ANY APPLICABLE ENVIRONMENTAL LAW
; OR
(II) TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, IGNITABLE,
INFECTIOUS, RADIOACTIVE, CARCINOGENIC, MUTAGENIC, OR THAT
OTHERWISE POSES A HAZARD TO LIVING THINGS OR THE ENVIRONMENT
.
(d) "L
OCAL GOVERNMENT " MEANS A STATUTORY OR HOME RULE
COUNTY
, CITY AND COUNTY, MUNICIPALITY, OR TOWN, EXCLUDING A LOCAL
GOVERNMENT THAT HAS GRANTED A FRANCHISE TO A UTILITY COMPANY
PURSUANT TO SECTION
31-32-101 OR ARTICLE XX OF THE STATE
CONSTITUTION
.
(e) "P
LANS AND SPECIFICATIONS" MEANS THE PLANS, DRAWINGS,
AND SPECIFICATIONS DESIGNED AND ENGINEERED BY A LOCAL GOVERNMENT
OR ITS CONTRACTOR
, WHICH ARE NECESSARY TO COMPLETE THE ROAD
IMPROVEMENT PROJECT IN ACCORDANCE WITH APPLICABLE LAWS
, RULES,
AND REGULATIONS.
(f) "P
RIVATE PROJECT RELOCATION" MEANS ANY CONSTRUCTION OR
RECONSTRUCTION PROJECT FOR THE ADJUSTMENT
, EXPANSION, OR
REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT
-OF-WAY THAT:
(I) R
EQUIRES THE REMOVAL , RELOCATION, OR ALTERATION OF
UTILITY FACILITIES
;
(II) I
S NECESSARY TO FACILITATE THE DEVELOPMENT OF PRIVATE
PROPERTY
; AND
(III) IS REQUIRED BY REASON OF A LOCAL GOVERNMENT ZONING ,
APPROVAL, OR OTHER LAND USE REGULATION PERMITTING REQUIREMENT .
PAGE 3-HOUSE BILL 24-1266 (g) "PROMPT PERFORMANCE " MEANS ACTING IN GOOD FAITH AND
MAKING ALL REASONABLE EFFORTS TO PERFORM THE SPECIFIC ACTIONS AND
OBLIGATIONS SET FORTH IN A CLEARANCE LETTER
, EXCEPT AS MAY BE
EXCUSED BY SUBSEQUENT AGREEMENT BETWEEN THE UTILITY COMPANY
AND THE LOCAL GOVERNMENT TO WHICH THE CLEARANCE LETTER APPLIES
.
(h) "P
UBLIC ROADWAY" MEANS PROPERTY CONTROLLED BY A LOCAL
GOVERNMENT THAT IS ACQUIRED
, DEDICATED, OR RESERVED FOR THE
CONSTRUCTION
, OPERATION, AND MAINTENANCE OF A STREET OR PUBLIC
HIGHWAY AND THAT IS OPEN TO PUBLIC TRAVEL OR ANY OTHER PUBLIC
HIGHWAY ESTABLISHED BY LAW
.
(i) (I) "R
OAD IMPROVEMENT PROJECT " MEANS ANY CONSTRUCTION
OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT
, EXPANSION, OR
REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT
-OF-WAY, INCLUDING
BUT NOT LIMITED TO MAINTENANCE
, REPLACEMENT, BRIDGE, CULVERT, OR
TRAFFIC SIGNAL PROJECTS
.
(II) "R
OAD IMPROVEMENT PROJECT " DOES NOT INCLUDE A PROJECT
ON
, ALONG, OR IN A PUBLIC OR STATE HIGHWAY OR ROADWAY UNDER THE
CONTROL OF THE
COLORADO DEPARTMENT OF TRANSPORTATION UNLESS A
LOCAL GOVERNMENT PERFORMS THE CONSTRUCTION OR RECONSTRUCTION
AS PART OF A PROJECT UNDER THE DIRECTION OF THE LOCAL GOVERNMENT
AND PURSUANT TO AN AGREEMENT WITH THE
COLORADO DEPARTMENT OF
TRANSPORTATION
.
(j) "U
TILITY COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC OR
GAS UTILITY COMPANY WITH MORE THAN TWO HUNDRED FIFTY THOUSAND
RETAIL CUSTOMERS
.
(k) "U
TILITY CONFLICT" MEANS CIRCUMSTANCES IN WHICH A
PROPOSED ROAD IMPROVEMENT PROJECT BRINGS UTILITY FACILITIES OUT OF
COMPLIANCE WITH REGULATORY AGENCY STANDARDS OR EXISTING UTILITY
FACILITIES PRECLUDE OR HINDER THE CONSTRUCTION OF A ROAD
IMPROVEMENT PROJECT
.
(l) "U
TILITY FACILITIES" MEANS ANY LINES OF ELECTRIC LIGHT OR
WIRE
, POWER, OR PIPELINE OF A UTILITY COMPANY AND ANY RELATED
SUPPORT STRUCTURES
, ATTACHMENTS, APPURTENANCES, EQUIPMENT,
VALVES, CABLE, OR CONDUIT FOR THE LINES, WIRES, OR PIPELINES. "UTILITY
PAGE 4-HOUSE BILL 24-1266 FACILITIES" INCLUDE BOTH THOSE ABOVE AND BELOW GROUND .
(m) "U
TILITY RELOCATION" OR "RELOCATION OF UTILITY FACILITIES"
MEANS THE REMOVAL, RELOCATION, OR ALTERATION OF UTILITY FACILITIES
NECESSARY TO RESOLVE A UTILITY CONFLICT CAUSED BY A ROAD
IMPROVEMENT PROJECT FUNDED IN FULL OR IN PART BY A LOCAL
GOVERNMENT OR WITH STATE
, FEDERAL, OR OTHER PUBLIC MONEY; EXCEPT
THAT
"UTILITY RELOCATION" DOES NOT INCLUDE A PRIVATE PROJECT
RELOCATION
.
(2) (a) I
F A LOCAL GOVERNMENT E NGAGES IN OR PROPOSES TO
ENGAGE IN A ROAD IMPROVEMENT PROJECT THAT MAY REQUIRE THE
RELOCATION OF UTILITY FACILITIES DUE TO A UTILITY CONFLICT
, THE LOCAL
GOVERNMENT SHALL
:
(I) N
OTIFY THE NOTIFICATION ASSOCIATION, CREATED IN SECTION
9-1.5-105 (1), WITH AN ENGINEERING OR SUBSURFACE UTILITY ENGINEERING
NOTIFICATION TO IDENTIFY EACH UTILITY COMPANY THAT HAS UTILITY
FACILITIES IN THE AREA OF THE ROAD IMPROVEMENT PROJECT
; AND
(II) ELECTRONICALLY NOTIFY IN WRITING EACH UTILITY COMPANY
IDENTIFIED PURSUANT TO SUBSECTION
(2)(a)(I) OF THIS SECTION. THE
NOTICE PROVIDED MUST FOLLOW THE REQUIREMENTS OF SUBSECTION
(2)(b)
OF THIS SECTION.
(b) T
HE NOTICE REQUIRED BY SUBSECTION (2)(a)(II) OF THIS SECTION
MUST INCLUDE THE FOLLOWING INFORMATION
:
(I) A
N EXPLANATION OF THE PROPOSED DESIGN OF THE ROAD
IMPROVEMENT PROJECT
, INCLUDING INFORMATION ON FUNDING ;
(II) A
NY POTENTIAL UTILITY CONFLICT THAT MAY BE CREATED BY
THE ROAD IMPROVEMENT PROJECT
;
(III) T
HE ESTIMATED TIMELINE AND DURATION OF THE ROAD
IMPROVEMENT PROJECT
;
(IV) T
HE ESTIMATED TIME FRAME IN WHICH THE UTILITY
RELOCATION SHOULD BE COMPLETED
;
PAGE 5-HOUSE BILL 24-1266 (V) THE FEDERAL IDENTIFYING PROJECT NUMBER , IF APPLICABLE;
AND
(VI) WHETHER THE UTILITY COMPANY MAY QUALIFY FOR
ASSISTANCE TO OFFSET EXPENSES INCURRED IN RELOCATING ITS UTILITY
FACILITIES TO ACCOMMODATE THE PROPOSED ROAD IMPROVEMENT PROJECT
.
(c) T
HE LOCAL GOVERNMENT SHALL GIVE THE NOTICE REQUIRED BY
SUBSECTION
(2)(a)(II) OF THIS SECTION TO THE UTILITY COMPANY AS EARLY
AS PRACTICABLE AND
:
(I) W
ITHIN FIFTEEN CALENDAR DAYS OF THE APPROVAL OF THE
PRELIMINARY DESIGN OF THE ROAD IMPROVEMENT PROJECT
; AND
(II) AT LEAST FORTY-FIVE CALENDAR DAYS BEFORE THE INVITATION
TO BID FOR CONSTRUCTION OF THE ROAD IMPROVEMENT PROJECT
.
(d) T
HE UTILITY COMPANY TO WHICH THE NOTICE REQUIRED BY
SUBSECTION
(2)(a)(II) OF THIS SECTION IS DIRECTED SHALL ACKNOWLEDGE
RECEIPT OF THE NOTICE
.
(e) I
F THERE IS A CHANGE IN THE SCOPE OF A ROAD IMPROVEMENT
PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS THE UTILITY
FACILITIES AND THE UTILITY COMPANY
'S ABILITY TO REASONABLY MEET ITS
OBLIGATIONS FOR THE UTILITY RELOCATION IN ACCORDANCE WITH THE
SCHEDULE ESTABLISHED FOR THE ROAD IMPROVEMENT PROJECT
, A LOCAL
GOVERNMENT SHALL
:
(I) G
IVE EACH AFFECTED UTILITY COMPANY A NEW WRITTEN NOTICE
THAT INCLUDES ALL APPLICABLE INFORMATION IN SUBSECTION
(2)(b) OF
THIS SECTION
; AND
(II) COORDINATE WITH THE AFFECTED UTILITY COMPANY AND
THIRD
-PARTY CONTRACTOR, AS APPLICABLE, TO AMEND ANY CLEARANCE
LETTER AS NECESSARY TO REFLECT MUTUALLY AGREED UPON CHANGES TO
THE ORIGINAL COMMITMENTS IN THE LETTER
, INCLUDING REASONABLE
SCHEDULE ADJUSTMENTS
, IF AN EXECUTED CLEARANCE LETTER COVERING
THE UTILITY RELOCATION EXISTS
.
(f) (I) I
F UTILITY FACILITIES WERE NOT PREVIOUSLY IDENTIFIED AND
PAGE 6-HOUSE BILL 24-1266 RESULT IN A NEWLY DISCOVERED UTILITY CONFLICT , THE LOCAL
GOVERNMENT
, THE AFFECTED UTILITY COMPANY , AND THE THIRD-PARTY
CONTRACTOR
, AS APPLICABLE, SHALL CONFER WITHIN FORTY-EIGHT HOURS
OF DISCOVERY TO DETERMINE APPROPRIATE RELOCATION PROCEDURES
.
(II) W
ITHIN TEN BUSINESS DAYS OF THE DISCOVERY OF THE UTILITY
CONFLICT
, THE LOCAL GOVERNMENT AND THE AFFECTED UTILITY COMPANY
SHALL NEGOTIATE A CLEARANCE LETTER PURSUANT TO SUBSECTION
(3) OF
THIS SECTION
.
(3) (a) T
O FACILITATE A UTILITY RELOCATION , A LOCAL
GOVERNMENT AND AN AFFECTED UTILITY COMPANY SHALL NEGOTIATE IN
GOOD FAITH AND SHALL ENTER INTO A MUTUALLY AGREEABLE CLEARANCE
LETTER
.
(b) T
HE CLEARANCE LETTER MUST INCLUDE :
(I) A
N ACKNOWLEDGMENT BY THE LOCAL GOVERNMENT AND THE
UTILITY COMPANY THAT A UTILITY CONFLICT EXISTS
;
(II) T
HE SCOPE OF THE UTILITY RELOCATION, INCLUDING THE EXTENT
OF THE UTILITY FACILITIES NEEDING TO BE RELOCATED AS EVIDENCED BY
THE PLANS AND SPECIFICATIONS
;
(III) W
HETHER THE UTILITY RELOCATION WILL BE PERFORMED BY
THE UTILITY COMPANY OR BY A THIRD
-PARTY CONTRACTOR AGREED TO BY
THE UTILITY COMPANY
;
(IV) R
EQUIREMENTS FOR COORDINATION AMONG THE LOCAL
GOVERNMENT
, THE UTILITY COMPANY, AND ANY THIRD-PARTY CONTRACTOR
THROUGHOUT THE ROAD IMPROVEMENT PROJECT AND UTILITY RELOCATION
,
INCLUDING THROUGHOUT ANY PREREQUISITE WORK THAT NEEDS TO OCCUR
BEFORE THE UTILITY RELOCATION
;
(V) W
HICH ENTITY IS RESPONSIBLE FOR TRAFFIC MANAGEMENT
DURING THE UTILITY RELOCATION
;
(VI) T
HE NUMBER OF DAYS OF NOTICE THAT THE LOCAL
GOVERNMENT MUST GIVE TO THE UTILITY COMPANY AHEAD OF THE DATE BY
WHICH THE UTILITY RELOCATION MUST BE STARTED IN ORDER TO ADHERE TO
PAGE 7-HOUSE BILL 24-1266 THE ROAD IMPROVEMENT PROJECT SCHEDULE ;
(VII) A
N ESTIMATED SCHEDULE FOR THE PERFORMANCE OF THE
UTILITY RELOCATION
, INCLUDING THE DURATION OF THE UTILITY
RELOCATION
;
(VIII) A
REQUIREMENT OF PROMPT PERFORMANCE OF THE UTILITY
RELOCATION BY THE UTILITY COMPANY IF THE UTILITY COMPANY IS
PERFORMING THE UTILITY RELOCATION OR BY THE THIRD
-PARTY
CONTRACTOR AGREED TO BY THE UTILITY COMPANY TO PERFORM THE
UTILITY RELOCATION
, EXCEPT WHEN PERFORMANCE IS EXCUSED DUE TO
FORCE MAJEURE
, THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC
ROADWAY
, OR A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A ROAD
IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS
THE UTILITY FACILITIES
;
(IX) A
REQUIREMENT OF PAYMENT BY THE UTILITY COMPANY FOR
ACTUAL DAMAGES CAUSED BY THE UTILITY COMPANY
'S DELAY IN THE
PERFORMANCE OF THE UTILITY RELOCATION OR INTERFERENCE WITH THE
PERFORMANCE OF THE UTILITY RELOCATION BY ANY CONTRACTOR NOT
HIRED BY THE UTILITY COMPANY
; EXCEPT THAT DELAY OR INTERFERENCE
CAUSED BY THE FOLLOWING WILL NOT BE CHARGED TO THE UTILITY
COMPANY
:
(A) A
FORCE MAJEURE;
(B) T
HE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC
ROADWAY
; OR
(C) A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A ROAD
IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS
THE UTILITY FACILITIES AND THE UTILITY COMPANY
'S ABILITY TO PERFORM
THE RELOCATION WORK AS ESTABLISHED IN THE CLEARANCE LETTER
;
(X) A
REQUIREMENT THAT THE LOCAL GOVERNMENT , AT ITS SOLE
COST
, SURVEY AND STAKE THE LOCATION WHERE THE UTILITY FACILITIES
WILL BE LOCATED PRIOR TO THE BEGINNING OF THE UTILITY RELOCATION
,
AND THAT THE COST OF ANY REQUIRED RE-STAKING DUE TO THE ACTIONS OF
A UTILITY COMPANY OR ITS CONTRACTOR BE PAID BY THE UTILITY COMPANY
;
PAGE 8-HOUSE BILL 24-1266 (XI) A REQUIREMENT THAT, UPON THE DISCOVERY OF HAZARDOUS
MATERIAL IN A PUBLIC ROADWAY IN CONNECTION WITH UTILITY
RELOCATION
, THE UTILITY RELOCATION WORK CEASE UNTIL THE LOCAL
GOVERNMENT TAKES NECESSARY STEPS TO PROVIDE A UTILITY CORRIDOR
FREE FROM HAZARDOUS MATERIAL
, AND THAT THE LOCAL GOVERNMENT IS
RESPONSIBLE FOR THE MANAGEMENT
, TRANSPORTATION, AND DISPOSAL OF
ANY SOIL FROM THE PUBLIC RIGHT
-OF-WAY CONTAMINATED WITH
HAZARDOUS MATERIAL
;
(XII) A
REQUIREMENT THAT ALL DESIGN AND CONSTRUCTION OF THE
UTILITY RELOCATION ARE SUBJECT TO REVIEW AND APPROVAL BY ENGINEERS
FOR THE LOCAL GOVERNMENT AND FOR THE UTILITY COMPANY
; AND
(XIII) A DISPUTE RESOLUTION PROVISION THAT INCLUDES
MECHANISMS FOR NOTICE OF A FAILURE TO PERFORM IN ACCORDANCE WITH
THE CLEARANCE LETTER AND FOR A REASONABLE OPPORTUNITY TO CURE
.
(c) (I) T
HE CLEARANCE LETTER MAY ALLOW FOR UTILITY COMPANY
BETTERMENT AT THE EXPENSE OF THE UTILITY COMPANY
; EXCEPT THAT ANY
UTILITY COMPANY BETTERMENT MUST NOT MATERIALLY DELAY THE UTILITY
RELOCATION
.
(II) A
S USED IN THIS SUBSECTION (3)(c), "UTILITY COMPANY
BETTERMENT
" MEANS ANY UPGRADE OF THE UTILITY FACILITIES BEING
RELOCATED THAT IS NOT ATTRIBUTABLE TO THE ROAD IMPROVEMENT
PROJECT AND THAT IS MADE SOLELY FOR THE BENEFIT AND AT THE ELECTION
OF THE AFFECTED UTILITY COMPANY
.
(4) (a) U
PON BEING PROVIDED WRITTEN DOCUMENTATION OF THE
HORIZONTAL AND VERTICAL LOCATIONS OF THE RELOCATED UTILITY
FACILITIES AND A STATEMENT BY THE UTILITY COMPANY OR ITS
CONTRACTOR THAT THE UTILITY FACILITIES ARE RELOCATED IN
ACCORDANCE WITH THE APPROVED UTILITY RELOCATION PLANS
, A LOCAL
GOVERNMENT SHALL COMPLETE ITS REVIEW OF THE COMPLETED UTILITY
RELOCATION AND PROVIDE A WRITTEN DETERMINATION OF WHETHER IT
ACCEPTS OR REJECTS THE COMPLETED UTILITY RELOCATION WITHIN
FOURTEEN CALENDAR DAYS OF COMPLETION OF THE RELOCATION OR RECEIPT
OF THE DOCUMENTATION INDICATING THE LOCATION OF THE RELOCATED
UTILITY FACILITIES FROM THE UTILITY COMPANY
, WHICHEVER IS LATER.
PAGE 9-HOUSE BILL 24-1266 (b) IF THE LOCAL GOVERNMENT ACCEPTS THE UTILITY RELOCATION ,
THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN ACCEPTANCE OF THE
UTILITY RELOCATION TO THE UTILITY COMPANY
.
(c) (I) I
F THE LOCAL GOVERNMENT REJECTS THE UTILITY
RELOCATION
, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN
REJECTION AND REASONING TO THE UTILITY COMPANY
.
(II) T
HE UTILITY COMPANY SHALL PROMPTLY MAKE THE NECESSARY
CHANGES TO THE UTILITY RELOCATION IDENTIFIED IN THE WRITTEN
REJECTION TO CONFORM WITH THE PLANS AND SPECIFICATIONS IDENTIFIED
IN THE CLEARANCE LETTER
. THE UTILITY COMPANY IS RESPONSIBLE FOR
PAYMENT OF ACTUAL DAMAGES CAUSED BY ANY DELAY IN THE ROAD
IMPROVEMENT PROJECT SCHEDULE AS A RESULT OF THE NECESSARY
CHANGES TO THE UTILITY RELOCATION TO BRING THE RELOCATION INTO
COMPLIANCE WITH THE PLANS AND SPECIFICATIONS IDENTIFIED IN THE
CLEARANCE LETTER
.
(d) I
F THE LOCAL GOVERNMENT FAILS TO TIMELY PROVIDE THE
WRITTEN DETERMINATION REQUIRED BY SUBSECTION
(4)(a) OF THIS SECTION,
THE UTILITY RELOCATION IS DEEMED ACCEPTED .
(e) A
UTILITY COMPANY SHALL NOT BE REQUIRED TO PAY FOR
RELOCATION OF PREVIOUSLY RELOCATED UTILITY FACILITIES WITHIN TWO
YEARS FOLLOWING THE ACCEPTANCE OF THE PREVIOUS UTILITY RELOCATION
BY THE LOCAL GOVERNMENT PURSUANT TO THIS SUBSECTION
(4), EXCEPT IN
THE EVENT OF AN EMERGENCY
.
(5) A
LOCAL GOVERNMENT MAY , AFTER OPPORTUNITY FOR RELIEF
BETWEEN THE LOCAL GOVERNMENT AND THE UTILITY COMPANY PURSUANT
TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN THE CLEARANCE LETTER
,
WITHHOLD ISSUANCE OF A PERMIT FOR THE LOCATION OR INSTALLATION OF
OTHER UTILITY FACILITIES IN A PUBLIC ROADWAY TO A UTILITY COMPANY
UNTIL THE DISPUTE IS RESOLVED
, WHICH MAY INCLUDE PAYMENT TO THE
LOCAL GOVERNMENT FOR ANY ACTUAL DAMAGES CAUSED BY THE UTILITY
COMPANY
'S DELAY IN THE PERFORMANCE OF A UTILITY RELOCATION .
(6) W
HEN NECESSARY AND FEASIBLE AND AFTER MUTUAL
AGREEMENT WITH AN AFFECTED UTILITY COMPANY
, A LOCAL GOVERNMENT
MAY OBTAIN ADDITIONAL PUBLIC RIGHTS
-OF-WAY OR EASEMENTS TO
PAGE 10-HOUSE BILL 24-1266 ACCOMMODATE A UTILITY RELOCATION . THE LOCAL GOVERNMENT IS
RESPONSIBLE FOR THE COST OF OBTAINING ANY ADDITIONAL RIGHT
-OF-WAY
UNLESS THE ADDITIONAL RIGHT
-OF-WAY IS ONLY NEEDED TO ACCOMMODATE
A UTILITY COMPANY B ETTERMENT AND IS NOT REQUIRED FOR A ROAD
IMPROVEMENT PROJECT
.
(7) A
LOCAL GOVERNMENT AND AN AFFECTED UTILITY COMPANY
SHALL MAKE ARRANGEMENTS FOR FUNDING ANY UTILITY RELOCATION AS
SPECIFIED IN ANY EASEMENTS
, LICENSES, OR OTHER PROPERTY INTERESTS OR
RIGHTS OF USE HELD BY THE LOCAL GOVERNMENT OR THE UTILITY COMPANY
.
T
HE RECOVERY OF UNDERGROUND UTILITY LOCATE COSTS , AS INCURRED BY
THE UTILITY COMPANY
, MUST OCCUR THROUGH APPROPRIATE RATE
ADJUSTMENT CLAUSES
.
(8) N
O PARTY OTHER THAN THE OWNER OF THE UTILITY FACILITIES
MAY RELOCATE UTILITY FACILITIES WITHOUT THE EXPRESS CONSENT OF THE
AFFECTED UTILITY COMPANY
.
(9) N
OTHING IN THIS SECTION:
(a) A
LTERS OR DIMINISHES THE AUTHORITY OF A LOCAL
GOVERNMENT TO LAWFULLY EXERCISE ITS POLICE POWERS WITH RESPECT TO
THE RELOCATION OF UTILITY FACILITIES WITHIN THE LOCAL GOVERNMENT
BOUNDARIES
;
(b) A
LTERS EXISTING PROPERTY AGREEMENTS , LICENSES, FRANCHISE
AGREEMENTS
, OR OTHER VESTED INTERESTS OF A LOCAL GOVERNMENT OR
A UTILITY COMPANY ESTABLISHED IN THE EXISTING PROPERTY AGREEMENT
,
LICENSE, FRANCHISE AGREEMENT, OR OTHER VESTED INTEREST, INCLUDING
THE OBLIGATION TO PAY FOR UTILITY RELOCATION
;
(c) A
LTERS THE TERMS OF ANY FRANCHISE OR LICENSE GRANTED
PURSUANT TO SECTION
31-32-101 OR ARTICLE XX OF THE STATE
CONSTITUTION
;
(d) A
LTERS OR DIMINISHES THE LOCAL GOVERNMENT 'S ABILITY TO
RECOVER COSTS OR DAMAGES FROM ANY PARTY RESPONSIBLE FOR
HAZARDOUS MATERIAL DISCOVERED IN A PUBLIC ROADWAY
;
(e) A
LTERS OR DIMINISHES THE UTILITY COMPANY 'S ABILITY TO
PAGE 11-HOUSE BILL 24-1266 RECOVER COSTS OR DAMAGES RESULTING FROM THE DISCOVERY OF
HAZARDOUS MATERIAL
, PREVIOUSLY UNIDENTIFIED UTILITY CONFLICTS, OR
THE ACTS OR OMISSIONS OF A THIRD PARTY
;
(f) A
LTERS ANY COMMON LAW OF THE STATE ALLOCATING THE COST
OF UTILITY RELOCATION WITHIN A PUBLIC RIGHT
-OF-WAY; OR
(g) PREVENTS A LOCAL GOVERNMENT FROM PURSUING ALTERNATIVE
ARRANGEMENTS FOR ROAD IMPROVEMENT PROJECTS
, IN WHICH CASE
SUBSECTIONS
(2) THROUGH (8) OF THIS SECTION DO NOT APPLY.
SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 12-HOUSE BILL 24-1266 (2) This act applies to utility relocation work commencing on or
after the applicable effective date of this act.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 24-1266