Chapter 340
2022 -- H 7604
Enacted 06/29/2022

A N   A C T
RELATING TO HIGHWAYS -- RELOCATION OF UTILITY SERVICES

Introduced By: Representatives Barros, Alzate, Solomon, Amore, Felix, Giraldo, Fenton-Fung, Kazarian, and Potter

Date Introduced: March 02, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 24-8.1-2 of the General Laws in Chapter 24-8.1 entitled "Relocation
of Utility Services" is hereby amended to read as follows:
     24-8.1-2. Relocation of utility facilities necessitated by highway construction.
     Notwithstanding any provision of law or of any charter or statute, general or special, to the
contrary, whenever state-initiated relocation of utility facilities in the state, owned by private
corporations, private companies, municipalities, political subdivisions, authorities, or agencies of
the state, whether within or without the limits of public ways, shall become necessary in connection
with a highway project on the federal aid primary or secondary systems or on the national system
of interstate and defense highways, including extensions thereof, for which the state shall be
entitled under any law of the United States to reimbursement from federal funds for any portion of
the cost of the project, then the state may order the relocation of the utility facilities, and the private
corporation, private company, municipality, political subdivision, agencies of the state, or authority
owning or operating the facilities shall promptly relocate the facilities in accordance with the order
and the state shall pay the cost of the relocation to the utility as part of the cost of the federally
aided highway project reimburse the owner of such the utility or utility facility for the cost of
relocation subject to the following limitations and in accordance with the following formula: for
any utility facility that is to be reimbursed federally, in whole or in part, and for any utility facility
that does not qualify for federal reimbursement, the division shall reimburse the owner fifty percent
(50%) of the costs of relocating the utility facility; in no case shall a utility be reimbursed for any
type of betterment; reimbursement is for relocation costs only; the state shall pay the cost of the
relocation to the utility as part of the cost of the federally aided highway project. A utility relocation
shall be eligible for reimbursement pursuant to this section only if it is completed to the satisfaction
of the state within target dates established by the state and in accordance with design criteria set
forth by the state for the relocation in a manner that facilitates the timely completion of the affected
project. The state shall pay a reasonable amount to private corporations and private companies for
the relocation of utilities commencing with highway projects that are authorized for construction
after March 1, 1976.
     SECTION 2. This act shall take effect upon passage.
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LC005251
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