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. |
======== |
LC005251 |
======== |