S.B. 153

1

AMENDMENTS TO TRANSPORTATION
2 RIGHTS-OF-WAY
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Peter C. Knudson
6 AN ACT RELATING TO TRANSPORTATION; PROVIDING CERTAIN DEFINITIONS;
7 ALLOWING CERTAIN TELECOMMUNICATION ACCESS TO RIGHTS-OF-WAY ON THE
8 INTERSTATE HIGHWAY SYSTEM; AMENDING PROVISIONS RELATED TO THE USE
9 OF HIGHWAY RIGHTS-OF-WAY BY UTILITY COMPANIES; AMENDING PERMIT FEE
10 PROVISIONS; SPECIFYING RESPONSIBILITIES FOR THE RELOCATION OF UTILITIES
11 IN CERTAIN CIRCUMSTANCES; PROVIDING RULEMAKING; AND MAKING
12 TECHNICAL CHANGES.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 72-1-201, as renumbered and amended by Chapter 270, Laws of Utah 1998
16 72-6-116, as renumbered and amended by Chapter 270, Laws of Utah 1998
17 72-7-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
18 ENACTS:
19 72-7-108, Utah Code Annotated 1953
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 72-1-201 is amended to read:
22 72-1-201. Creation of Department of Transportation -- Functions, powers, duties,
23 rights, and responsibilities.
24 There is created the Department of Transportation which shall:
25 (1) have the general responsibility for planning, research, design, construction,
26 maintenance, security, and safety of state transportation systems;
27 (2) provide administration for state transportation systems and programs;

28 (3) implement the transportation policies of the state;
29 (4) plan, develop, construct, and maintain state transportation systems that are safe,
30 reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
31 industry;
32 (5) establish standards and procedures regarding the technical details of administration of
33 the state transportation systems as established by statute and administrative rule;
34 (6) advise the governor and the Legislature about state transportation systems needs; [and]
35 (7) coordinate with utility companies for the reasonable, efficient, and cost-effective
36 installation, maintenance, operation, relocation, and upgrade of utilities within state highway
37 rights-of-way; and
38 [(7)] (8) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
39 make policy and rules for the administration of the department, state transportation systems, and
40 programs.
41 Section 2. Section 72-6-116 is amended to read:
42 72-6-116. Regulation of utilities -- Relocation of utilities.
43 (1) As used in this section:
44 (a) "Cost of relocation" includes the entire amount paid by the utility company properly
45 attributable to the relocation of the utility after deducting any increase in the value of the new
46 utility and any salvage value derived from the old utility.
47 (b) "Utility" includes [telephone] telecommunication, gas, electricity, cable television,
48 water, [and] sewer, data, and video transmission lines, drainage and irrigation systems, and other
49 similar utilities located in, on, along, across, over, through, or under any state highway.
50 (c) "Utility company" means a privately, cooperatively, or publicly owned utility including
51 utilities owned by political subdivisions.
52 (2) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
53 the department may make rules for the installation, construction, maintenance, repair, renewal, and
54 relocation of all utilities.
55 (b) [(i)] If the department determines under the rules established in this section that it is
56 necessary that any utilities should be relocated, the utility company owning or operating the
57 utilities shall relocate the utilities in accordance with the order of the department.
58 [(ii)] (c) (i) The cost of relocation in connection with the highway systems shall be paid

59 by the department in all cases where:
60 (A) proportionate reimbursement of the cost may be obtained by the state of Utah from the
61 United States pursuant to the Federal-Aid Highway Act of 1956; and
62 (B) the utility is owned or operated by a political subdivision whether or not federal
63 reimbursement may be obtained.
64 (ii) The cost of relocation paid by the department under this section may not exceed the
65 actual cost of relocation.
66 [(iii)] (3) In case of any relocation of a utility, the utility company owning or operating the
67 utility, its successors or assigns, may maintain and operate the utility, with the necessary
68 appurtenances, in the new location.
69 [(3)] (4) The cost of relocating a utility in connection with any project on a highway
70 eligible for federal aid, or on the interstate system is a cost of highway construction.
71 (5) (a) The department shall notify affected utility companies whenever the relocation of
72 utilities is likely to be necessary because of a reconstruction project.
73 (b) The notification shall be made during the preliminary design of the project or as soon
74 as practical in order to minimize the number, costs, and delays of utility relocations.
75 (c) A utility company notified under this Subsection (5) shall coordinate with the
76 department and the department's contractor on the utility relocations, including the scheduling of
77 the utility relocations.
78 Section 3. Section 72-7-102 is amended to read:
79 72-7-102. Excavations, structures, or objects prohibited within right-of-way except
80 in accordance with law -- Permit and fee requirements -- Rulemaking -- Penalty for violation.
81 (1) Except as provided in Subsection (2) and Section 54-4-15 , a person may not:
82 (a) dig or excavate, within the right-of-way of any state highway, county road, or city
83 street; or
84 (b) place, construct, or maintain any approach road, driveway, pole, pipeline, conduit,
85 sewer, ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or
86 character within the right-of-way.
87 (2) (a) A highway authority having jurisdiction over the right-of-way may allow
88 excavating, installation of utilities and other facilities or access under rules made by the highway
89 authority and in compliance with federal, state, and local law as applicable.

90 (b) (i) The rules may require a permit for any excavation or installation and may require
91 a surety bond or other security.
92 (ii) The application for a permit for excavation or installation on a state highway shall be
93 accompanied by a fee established under Subsection (3).
94 (iii) The permit may be revoked and the surety bond or other security may be forfeited for
95 cause.
96 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
97 department shall adopt a schedule of fees to be assessed for services provided in connection with
98 issuing and administering a permit on a state highway under this section. The schedule of fees:
99 (a) shall be reasonable, fair, and reflect the cost of services provided; and
100 (b) may provide that the department bill for services reasonably incurred in connection
101 with each permit.
102 (4) Permit fees collected by the department under this section shall be deposited with the
103 state treasurer and credited to the Transportation Fund.
104 [(3)] (5) A person who violates the provisions of Subsection (1) is guilty of a class B
105 misdemeanor.
106 Section 4. Section 72-7-108 is enacted to read:
107 72-7-108. Longitudinal telecommunication access in the interstate highway system
108 -- Definitions -- Agreements -- Compensation -- Restrictions -- Rulemaking.
109 (1) As used in this section:
110 (a) "Longitudinal access" means access to or use of any part of a right-of-way of a highway
111 on the interstate system that extends generally parallel to the right-of-way for a total of 30 or more
112 linear meters.
113 (b) "Telecommunication facility" means any telecommunication cable, line, fiber, wire,
114 conduit, innerduct, access manhole, handhole, hut, pedestal, pole, box, transmitting equipment,
115 receiving equipment, power equipment, or other equipment, system, and device used to transmit,
116 receive, produce, or distribute via wireless, wireline, electronic, or optical signal for
117 communication purposes.
118 (2) (a) Except as provided in Subsection (4), the department may allow a
119 telecommunication facility provider longitudinal access to the right-of-way of a highway on the
120 interstate system for the installation, operation, and maintenance of a telecommunication facility.

121 (b) The department shall enter into a negotiated agreement with a telecommunication
122 facility provider before granting it any longitudinal access under this section.
123 (i) Except as specifically provided by the agreement, a property interest in a right-of-way
124 may not be granted under the provisions of this section.
125 (ii) An agreement entered into by the department under this section shall specify the terms
126 and conditions for the renegotiation of the agreement.
127 (3) (a) The department shall require compensation from a telecommunication facility
128 provider under this section for longitudinal access to the right-of-way of a highway on the
129 interstate system.
130 (b) The compensation charged shall be:
131 (i) fair and reasonable;
132 (ii) competitively neutral;
133 (iii) nondiscriminatory; and
134 (iv) open to public inspection.
135 (c) The compensation charged may be in the form of:
136 (i) monetary payment in lump sum or periodic payment; and
137 (ii) telecommunication capacity or services provided to the department, the state, or any
138 of its agencies or political subdivisions.
139 (d) The department shall negotiate the type and amount of compensation for any
140 longitudinal access granted under this section.
141 (4) The department may not grant any longitudinal access under this section that results
142 in a significant compromise of the safe, efficient, and convenient use of the interstate system for
143 the traveling public.
144 (5) Monetary compensation collected by the department in accordance with this section
145 shall be deposited with the state treasurer and credited to the Transportation Fund.
146 (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
147 department shall make rules:
148 (a) governing the installation, operation, and maintenance of a telecommunication facility
149 granted longitudinal access under this section;
150 (b) specifying the procedures for negotiating:
151 (i) longitudinal access for a telecommunication facility provider; and

152 (ii) compensation; and
153 (c) providing for the relocation or removal of a telecommunication facility for:
154 (i) needed changes to a highway on the interstate system;
155 (ii) expiration of an agreement; or
156 (iii) a breach of an agreement.




Legislative Review Note
as of 2-8-99 9:14 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel