HLS 12RS-1218 ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 874
BY REPRESENTATIVES HAZEL, HARRIS, AND JOHNSON
TRANSPORTATION DEPT: Provides for debt forgiveness of the Utlitity Relocation
Assistance Funding debt owed to DOTD
AN ACT1
To enact R.S. 48:381(C)(2)(c), relative to state highway rights-of-way; to provide that2
certain municipalities and parishes are not required to pay the cost of utility3
relocation associated with a state highway construction project; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 48:381(C)(2)(c) is hereby enacted to read as follows:7
ยง381. Use and occupancy of highways8
* * *9
C.10
* * *11
(2)12
* * *13
(c) No municipality or parish with a population of fifteen thousand or less14
persons, or nonprofit utility shall be required to pay for the relocation of utilities15
associated with a state highway construction project. The cost of such relocation16
shall be paid by the department or by the utility company. For purposes of this17
Subparagraph, "utility company" shall not include investor owned utility companies18
regulated by the Louisiana Public Service Commission, the city council of the city19
of New Orleans, or the Federal Energy Regulatory Commission or electric20 HLS 12RS-1218 ENGROSSED
HB NO. 874
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
cooperatives as defined by R.S. 12:402(A) that are subject to the jurisdiction of the1
Louisiana Public Service Commission.2
* * *3
Section 2. This Act shall be applied retroactively as well as prospectively.4
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hazel HB No. 874
Abstract: Provides that municipalities and parishes under 15,000 people and nonprofit
utilities are not required to pay the cost of utility relocation associated with a state
highway construction project.
Present law provides relative to use and access to highway rights-of-way and designates
which entity is to pay what cost for location and relocation of utilities in rights-of-ways.
Proposed law provides that certain municipalities or parishes and all nonprofit utilities are
not required to pay the cost of utility relocation associated with a state highway construction
project. Provides that the costs shall be paid by DOTD or by the utility company.
Proposed law provides that utility companies as used in proposed law do not include investor
owned utility companies that are regulated by the La. Public Service Commission, the city
council of the city of New Orleans, or the Federal Energy Regulatory Commission or electric
cooperatives as defined by R.S. 12:402(A) that are subject to the jurisdiction of the La.
Public Service Commission.
Proposed law provides for retroactive application.
(Adds R.S. 48:381(C)(2)(c))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Added nonprofit utilities to entities that are not required to pay the cost of utility
relocation associated with a state highway construction project.
2. Provided that utility companies as used in proposed law do not include investor
owned utility companies that are regulated by the Louisiana Public Service
Commission, the city council of the city of New Orleans, or the Federal Energy
Regulatory Commission or electric cooperatives as defined by R.S. 12:402(A)
that are subject to the jurisdiction of the La. Public Service Commission.
3. Provided for retroactive application.