SB 489 - The act modifies and creates new provisions relating to utility facility relocation. Under the act, a county shall not perform a project in the public right-of-way that requires a nonrate regulated utility provider, as defined in the act, to relocate its facilities, unless the county reimburses the nonrate regulated utility provider for the relocation costs. A county shall be authorized to pay such facility relocation costs as part of the costs of the public right-of-way project.
Currently, video service cabinets are required to be removed or relocated at the expense of the video service provider. Under the act, the cabinets are required to be removed pursuant to the provisions of the act or current law, as applicable.
A city, or an incorporated town or village, shall not perform any road maintenance or construction project (road project) unless the city, or incorporated town or village reimburses any nonrate regulated utility provider that incurs costs for facility relocation due to such road project. A city, an incorporated town or village shall be authorized to pay such facility relocation costs as part of the costs of the road project.
The State Road Fund shall be used for reimbursing nonrate regulated utility providers for any costs associated with facility relocation due to road maintenance, construction, or other right-of-way work activity.
The Department of Transportation shall reimburse nonrate regulated utility providers for any costs associated with facility relocation that are required due to road maintenance, construction, or other right-of-way work activity.
Under the act, subject to certain exceptions, the removal and relocation of utility facilities as a result of construction projects directed by the Highways and Transportation Commission shall be made at the expense of the owners unless otherwise provided by the Commission. Currently, if the owner fails to relocate the utility facilities, the cost of relocating the utility facilities shall be collected from the owner. Under the act, the cost of relocating the utility facilities shall be borne by the Commission or by the owner.
The act is substantially similar to provisions in HCS/SB 1039 (2024), provisions in HCS/HB 2056 (2024), and similar to provisions in SCS/HCS/HB 1746 (2024), and SCS/SB 1018 (2024).
JULIA SHEVELEVA