S.B. 150 Enrolled

UTILITIES IN HIGHWAY RIGHTS-OF-WAY
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Peter C. Knudson
AN ACT RELATING TO TRANSPORTATION; PROVIDING CERTAIN DEFINITIONS;
ALLOWING CERTAIN TELECOMMUNICATION PROVIDERS ACCESS TO
RIGHTS-OF-WAY ON THE INTERSTATE HIGHWAY SYSTEM; AMENDING PROVISIONS
RELATED TO THE USE OF HIGHWAY RIGHTS-OF-WAY BY UTILITY COMPANIES;
AMENDING PERMIT FEE PROVISIONS; PROVIDING RULEMAKING; CREATING THE
UTILITIES IN HIGHWAY RIGHTS-OF-WAY TASK FORCE; PROVIDING FOR
MEMBERSHIP; DELINEATING RESPONSIBILITIES AND PROCEDURES; PROVIDING A
REPORTING DATE; APPROPRIATING $39,500 FROM THE GENERAL FUND; MAKING
TECHNICAL CORRECTIONS; AND PROVIDING A REPEAL DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
72-1-201, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-6-116, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
ENACTS:
72-7-108, Utah Code Annotated 1953
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 72-1-201 is amended to read:
72-1-201. Creation of Department of Transportation -- Functions, powers, duties,
rights, and responsibilities.
There is created the Department of Transportation which shall:
(1) have the general responsibility for planning, research, design, construction,
maintenance, security, and safety of state transportation systems;
(2) provide administration for state transportation systems and programs;

(3) implement the transportation policies of the state;
(4) plan, develop, construct, and maintain state transportation systems that are safe, reliable,
environmentally sensitive, and serve the needs of the traveling public, commerce, and industry;
(5) establish standards and procedures regarding the technical details of administration of
the state transportation systems as established by statute and administrative rule;
(6) advise the governor and the Legislature about state transportation systems needs; [and]
(7) coordinate with utility companies for the reasonable, efficient, and cost-effective
installation, maintenance, operation, relocation, and upgrade of utilities within state highway
rights-of-way; and
[(7)] (8) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
make policy and rules for the administration of the department, state transportation systems, and
programs.
Section 2. Section 72-6-116 is amended to read:
72-6-116. Regulation of utilities -- Relocation of utilities.
(1) As used in this section:
(a) "Cost of relocation" includes the entire amount paid by the utility company properly
attributable to the relocation of the utility after deducting any increase in the value of the new utility
and any salvage value derived from the old utility.
(b) "Utility" includes [telephone] telecommunication, gas, electricity, cable television, water,
[and] sewer, data, and video transmission lines, drainage and irrigation systems, and other similar
utilities located in, on, along, across, over, through, or under any state highway.
(c) "Utility company" means a privately, cooperatively, or publicly owned utility, including
utilities owned by political subdivisions.
(2) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules for the installation, construction, maintenance, repair, renewal, system
upgrade, and relocation of all utilities.
(b) (i) If the department determines under the rules established in this section that it is
necessary that any utilities should be relocated, the utility company owning or operating the utilities

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shall relocate the utilities in accordance with this section and the order of the department.
(ii) The cost of relocation in connection with the highway systems shall be paid by the
department in all cases where:
(A) proportionate reimbursement of the cost may be obtained by the state of Utah from the
United States pursuant to the Federal-Aid Highway Act of 1956; and
(B) the utility is owned or operated by a political subdivision whether or not federal
reimbursement may be obtained.
[(iii)] (3) [In case of any relocation of] If a utility is relocated, the utility company owning
or operating the utility, its successors or assigns, may maintain and operate the utility, with the
necessary appurtenances, in the new location.
[(3)] (4) The cost of relocating a utility in connection with any project on a highway eligible
for federal aid, or on the interstate system is a cost of highway construction.
(5) (a) The department shall notify affected utility companies whenever the relocation of
utilities is likely to be necessary because of a reconstruction project.
(b) The notification shall be made during the preliminary design of the project or as soon as
practical in order to minimize the number, costs, and delays of utility relocations.
(c) A utility company notified under this Subsection (5) shall coordinate with the department
and the department's contractor on the utility relocations, including the scheduling of the utility
relocations.
Section 3. Section 72-7-102 is amended to read:
72-7-102. Excavations, structures, or objects prohibited within right-of-way except in
accordance with law -- Permit and fee requirements -- Rulemaking -- Penalty for violation.
(1) Except as provided in Subsection (2) and Section 54-4-15 , a person may not:
(a) dig or excavate, within the right-of-way of any state highway, county road, or city street;
or
(b) place, construct, or maintain any approach road, driveway, pole, pipeline, conduit, sewer,
ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or character
within the right-of-way.

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(2) (a) A highway authority having jurisdiction over the right-of-way may allow excavating,
installation of utilities and other facilities or access under rules made by the highway authority and
in compliance with federal, state, and local law as applicable.
(b) (i) The rules may require a permit for any excavation or installation and may require a
surety bond or other security.
(ii) The application for a permit for excavation or installation on a state highway shall be
accompanied by a fee established under Subsection (3).
(iii) The permit may be revoked and the surety bond or other security may be forfeited for
cause.
(3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall adopt a schedule of fees to be assessed for services provided in connection with
issuing and administering a permit on a state highway under this section. The schedule of fees:
(a) shall reflect the cost of services provided; and
(b) may provide that the department bill for services reasonably incurred in connection with
each permit.
(4) Permit fees collected by the department under this section shall be deposited with the
state treasurer and credited to the Transportation Fund.
(5) (a) Except as provided in Section 72-7-108 , the department may not collect any fee that
is not authorized in this section for utility access to a highway right-of-way.
(b) (i) A highway authority, other than the department, may not collect any fee that is not
cost-based for any utility access to a highway right-of-way.
(ii) Nothing in this section shall affect the authority of a municipality under Section 11-26-1
and Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act.
[(3)] (6) A person who violates the provisions of Subsection (1) is guilty of a class B
misdemeanor.
Section 4. Section 72-7-108 is enacted to read:
72-7-108. Longitudinal telecommunication access in the interstate highway system --
Definitions -- Agreements -- Compensation -- Restrictions -- Rulemaking.

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(1) As used in this section:
(a) "Longitudinal access" means access to or use of any part of a right-of-way of a highway
on the interstate system that extends generally parallel to the right-of-way for a total of 30 or more
linear meters.
(b) "Telecommunication facility" means any telecommunication cable, line, fiber, wire,
conduit, innerduct, access manhole, handhole, hut, pedestal, pole, box, transmitting equipment,
receiving equipment, power equipment, or other equipment, system, and device used to transmit,
receive, produce, or distribute via wireless, wireline, electronic, or optical signal for communication
purposes.
(2) (a) Except as provided in Subsection (4), the department may allow a telecommunication
facility provider longitudinal access to the right-of-way of a highway on the interstate system for the
installation, operation, and maintenance of a telecommunication facility.
(b) The department shall enter into an agreement with a telecommunication facility provider
and issue a permit before granting it any longitudinal access under this section.
(i) Except as specifically provided by the agreement, a property interest in a right-of-way
may not be granted under the provisions of this section.
(ii) An agreement entered into by the department under this section shall specify the terms
and conditions for the renegotiation of the agreement.
(3) (a) The department shall require compensation from a telecommunication facility
provider under this section for longitudinal access to the right-of-way of a highway on the interstate
system.
(b) The compensation charged shall be:
(i) fair and reasonable;
(ii) competitively neutral;
(iii) nondiscriminatory;
(iv) open to public inspection;
(v) established to promote access by multiple telecommunication facility providers;
(vi) established for zones of the state, with zones determined based upon factors that include

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population density, distance, numbers of telecommunication subscribers, and the impact upon private
right-of-way users;
(vii) established to encourage the deployment of digital infrastructure within the state; and
(viii) set in accordance with Subsection (3)(c).
(c) Beginning October 1, 1999 and in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, the department shall establish a schedule of rates of compensation
for any longitudinal access granted under this section.
(4) The department may not grant any longitudinal access under this section that results in
a significant compromise of the safe, efficient, and convenient use of the interstate system for the
traveling public.
(5) The department may not pay any cost of relocation of a telecommunication facility
granted longitudinal access to the right-of-way of a highway on the interstate system under this
section.
(6) Monetary compensation collected by the department in accordance with this section shall
be deposited with the state treasurer and credited to the Transportation Fund.
(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules:
(a) governing the installation, operation, and maintenance of a telecommunication facility
granted longitudinal access under this section;
(b) specifying the procedures for establishing an agreement for longitudinal access for a
telecommunication facility provider; and
(c) providing for the relocation or removal of a telecommunication facility for:
(i) needed changes to a highway on the interstate system;
(ii) expiration of an agreement; or
(iii) a breach of an agreement.
(8) (a) Except for a right-of-way of a highway on the interstate system, nothing in this
section shall be construed to allow a highway authority to require compensation from a
telecommunication facility provider for longitudinal access to the right-of-way of a highway under

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the highway authority's jurisdiction.
(b) Nothing in this section shall affect the authority of a municipality under Section 11-26-1
and Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act.
Section 5. Utilities in Highway Rights-of-Way Task Force -- Creation -- Membership
-- Rules -- Compensation -- Staff.
(1) (a) There is created the Utilities in Highway Rights-of-Way Task Force consisting of the
following members:
(i) five members of the Senate appointed by the president of the Senate, no more than three
of whom may be from the same political party;
(ii) seven members of the House of Representatives appointed by the speaker of the House
of Representatives, no more than four of whom may be from the same political party;
(iii) three members who represent telecommunication facility providers, at least one of
whom shall represent a rural telecommunication facility provider;
(iv) one member who represents an energy utility provider;
(v) one member who represents special districts providing water utility services;
(vi) the executive director of the Department of Transportation;
(vii) one member who represents utility consumers; and
(viii) one member appointed by the governor.
(b) The members listed in Subsections (1)(a)(iii) through (vii) shall be appointed jointly by
the president of the Senate and the speaker of the House of Representatives.
(2) (a) The president of the Senate shall designate a member of the Senate appointed under
Subsection (1)(a)(i) as a cochair of the task force.
(b) The speaker of the House of Representatives shall designate a member of the House of
Representatives appointed under Subsection (1)(a)(ii) as a cochair of the task force.
(3) (a) A majority of the members of the task force constitute a quorum.
(b) The action of a majority of the quorum constitutes the action of the task force.
(4) (a) Salaries and expenses of the legislative members of the task force shall be paid in
accordance with Section 36-2-2 and Legislative Joint Rule 15.03.

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(b) Members of the task force who are not legislators receive no additional compensation
for their work associated with the task force.
(5) The Office of Legislative Research and General Counsel shall provide staff support to
the task force.
Section 6. Duties -- Interim reports.
During the 1999 interim the task force shall:
(1) (a) study the following issues relating to the relocation of utilities in highway
rights-of-way and recommend:
(i) a process that provides uniform reimbursements for utility relocation in all state highway
rights-of-way;
(ii) a simple formula that determines the share of relocation reimbursements for both
highway authorities and utility providers so that both will have an incentive to minimize the
relocation costs; and
(iii) methods to improve communication and coordination between the Department of
Transportation and utility providers, especially notices and responses in the planning and design
phases of projects; and
(b) present a final report, including any proposed legislation, on the issues under this
Subsection (1) to the Public Utilities and Technology Interim Committee and the Transportation
Interim Committee before November 30, 1999;
(2) (a) recommend a schedule of rates of compensation for the Department of Transportation
to charge a telecommunication facility provider for longitudinal access to the right-of-way of a
highway on the interstate system that is in accordance with Subsection 72-7-108 (3)(b);
(b) present a final report, including any proposed legislation, on the issues under this
Subsection (2) to the Legislative Management Committee before September 1, 1999; and
(3) study and report on any other related issues assigned to the task force by the Legislative
Management Committee.
Section 7. Appropriation.
There is appropriated from the General Fund for fiscal year 1999-2000:

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(1) $6,000 to the Senate to pay for the compensation and expenses of senators on the task
force;
(2) $8,500 to the House of Representatives to pay for the compensation and expenses of
representatives on the task force; and
(3) $25,000 to the Office of Legislative Research and General Counsel to pay for staffing
the task force.
Section 8. Repeal date.
Sections 5, 6, and 7 of this act are repealed November 30, 1999.

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