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SB 314 - This act modifies the current law of how companies must relocate a utility facility from a highway right-of-way. The act modernizes the current law by applying the law to include "utility facilities", an encompassing term which includes any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment, or other structure, whether aboveground or underground, used to transmit, distribute, or deliver telegraph or telecommunication services, water, cable television services, electricity, gas, liquids, steam, sewerage, or other materials to the public. NOTICE TO OWNER OF UTILITY FACILITY - Under this act, whenever utility facilities are located within the right-of-way of a proposed highway improvement or construction project, the director shall serve written notice upon the owners of the utility facilities. The notice shall contain a project plan indicating the places on the right-of-way where the utility facilities may be maintained or relocated. The owner of the utility facilities shall review the project plan to verify whether the owner's facilities are shown. The Department also shall provide any additional and duplicate plan information needed by the owner to design and lay out the removal, relocation, or adjustment of existing utility facilities and the placement of relocated or additional facilities within the project limits. The plan shall also include a general description of the work to be done and the desired date for completion of utility facility relocation. SUBMISSION OF WORK PLAN - Within 90 calendar days of mailing the notice, the owner must provide the department with a work plan. The work plan shall include a narrative description of what work will be done, whether the work is dependent on work by another owner, whether the work will be done prior to highway construction and which work will be necessary to coordinate with the work of the contractor, when the work will be started, and the length of time in working days required to complete the work. An additional 30 days will be allowed to furnish the work plan if coordination is required with other facility owners. APPROVAL OF WORK PLAN - After the work plan has been submitted, the department shall review the work plan. The director may reduce the number of working days for relocating the utility facility suggested by the owner if the director determines the schedule would cause undue delay. The Department may require facility owners to provide monthly progress reports regarding the status of the relocation of its utility facility until its relocation is completed. LIABILITY FOR FAILING TO IMPLEMENT RELOCATION - If any owner fails to comply with and implement the provisions of this act, the contractor, with the consent of the commission or director, may undertake highway construction without liability to such owner for damages to the owner's utility facilities, lines, poles, wires, conduits, pipelines, or tramways. The owner also shall be liable to the department's contractor for damages resulting from such failure and delay. If the owner fails to complete the required relocation of its utility facilities within the applicable time period, the director shall have the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars for each calendar day after the scheduled deadline that the owner fails to complete the required relocation. The failure of another owner to sufficiently complete its required relocation of utility facilities that interfere with the owner's relocation plan shall constitute an affirmative defense to the assessment of a civil penalty. No civil penalty shall be assessed for delays that result from catastrophic weather events or acts of God. LOCAL GOVERNMENTS - This act provides that the governing authority of cities and counties shall have the authority to adopt ordinances, resolutions, or regulations consistent with this act regarding the relocation of utility facilities located within the rights-of-way of highways or roads under their respective jurisdiction. STEPHEN WITTE
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