| Chapter 341 |
| 2022 -- S 2771 Enacted 06/29/2022 |
| A N A C T |
| RELATING TO HIGHWAYS -- RELOCATION OF UTILITY SERVICES |
Introduced By: Senators Ciccone, and Lombardo |
| Date Introduced: March 24, 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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| LC005347 |
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