S.B. 137

This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 10, 2010 at 3:10 PM by rday. --> 1

COORDINATION OF REMOVING,
2 RELOCATING, OR ALTERING UTILITIES
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Daniel R. Liljenquist
6 House Sponsor: Ryan D. Wilcox
7
8 LONG TITLE
9 General Description:
10 This bill addresses the removal, relocation, or alteration of a utility facility to
11 accommodate a construction or reconstruction project on a public highway.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . provides for notification and cooperation concerning utility facilities located in the
16 area of a proposed construction or reconstruction project on a public highway;
17 . provides a method for a public agency to identify a utility company with a utility
18 facility in the area of a proposed construction or reconstruction project on a public
19 highway; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 54-8a-9, as last amended by Laws of Utah 2008, Chapter 344

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- 2 - 28 72-6-116, as last amended by Laws of Utah 2008, Chapter 382
29 ENACTS:
30 54-3-29, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 54-3-29 is enacted to read:
34 54-3-29. Removal, relocation, or alteration of utility facility in public highway
35 construction or reconstruction -- Notice -- Cooperation.
36 (1) As used in this section:
37 (a) "Design-build" means a design-build transportation project for which a design-build
38 transportation project contract is issued, within the meaning of Section 63G-6-502 .
39 (b) "Municipality" is as defined in Section 10-1-4 .
40 (c) "Political subdivision" means a:
41 (i) county; or
42 (ii) municipality.
43 (d) "Public agency" means an entity of state government or a political subdivision.
44 (e) "Public highway" means a highway, street, road, or alley constructed for public use
45 in the state.
46 (f) "Utility company" means a privately, cooperatively, or publicly owned utility,
47 including a utility owned by a political subdivision, that provides service using a utility facility.
48 (g) "Utility facility" means:
49 (i) a telecommunications, gas, electricity, cable television, water, sewer, or data
50 facility;
51 (ii) a video transmission line;
52 (iii) a drainage and irrigation system; or
53 (iv) a facility similar to those listed in Subsections (1)(g)(i) through (iii) located in, on,
54 along, across, over, through, or under any public highway.
55 (2) If a public agency engages in or proposes to engage in a construction or
56 reconstruction project on a public highway that may require the removal, relocation, or
57 alteration of a utility facility, the public agency shall:
58 (a) contact an association, established under Title 54, Chapter 8a, Damage to

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- 3 - 59 Underground Utility Facilities, to identify each utility company that may have a utility facility
60 in the area of the construction or reconstruction project;
61 (b) identify a utility company that has an above-ground utility facility in the area of the
62 proposed construction or reconstruction project; and
63 (c) electronically notify each utility company identified in accordance with Subsections
64 (2)(a) and (b).
65 (3) The notice required by Section (2)(c) shall:
66 (a) be made as early as practicable and at least 30 days:
67 (i) before the preliminary design or project development meeting;
68 (ii) before issuance of a request for proposal for a design-build project; or
69 (iii) after a change in scope of a design-build project;
70 (b) include:
71 (i) information concerning the proposed project design;
72 (ii) the proposed date of a required removal, relocation, or alteration of a utility facility;
73 (iii) the federal identifying project number, if applicable; and
74 (c) advise the utility company if the proposed project may qualify for aid for the utility
75 company's expense in removing, relocating, or altering a utility facility.
76 (4) A public agency shall permit a utility company notified under Subsection (2) to
77 participate in the preliminary design or project development meeting, or similar meeting at
78 which the project design is addressed.
79 (5) (a) A public agency shall, not less than 30 days after providing notice under
80 Subsection (2) to each utility company, provide the utility company an opportunity to meet
81 with the public agency to allow the utility company to:
82 (i) review project plans;
83 (ii) understand the objectives and funding sources for the proposed project;
84 (iii) provide and discuss recommendations to the public agency that may reasonably
85 eliminate or minimize utility removal, relocation, or alteration costs, limit the disruption of
86 utility company services, or eliminate or reduce the need for present or future utility facility
87 removal, relocation, or alteration; and
88 (iv) provide reasonable schedules to enable coordination of the construction project
89 and removal, relocation, or alteration of a utility facility.

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Senate Committee Amendments 2-10-2010 rd/crp 90

(b) If a public agency provides a utility company with S. [ an opportunity ] reasonable
90a opportunities .S to meet in
91 accordance with Subsection (5)(a), the utility company's failure to meet does not affect the
92 public agency's ability to proceed with the project.
93 (6) While recognizing the essential goals and objectives of the public highway agency
94 in proceeding with and completing a project, the parties shall use their best efforts to find ways
95 to:
96 (a) eliminate the cost to the utility of relocation of the utility facilities; or
97 (b) if elimination of the costs if not feasible, minimize the relocation costs to the extent
98 reasonably possible.
99 (7) A utility company notified under Subsection (2) shall coordinate with the public
100 agency concerning the utility facility removal, relocation, or alteration, including the
101 scheduling of the utility facility removal, relocation, or alteration.
102 (8) A public agency and a utility company may address the removal, relocation, or
103 alteration of a utility facility in relation to a construction or reconstruction project on a public
104 highway in a franchise agreement in lieu of this section, if the public agency is otherwise
105 permitted to enter into the franchise agreement.
106 (9) This chapter does not affect a public agency's authority over a public right-of-way,
107 including any rule, ordinance, order to relocate a utility as provided in Section 72-6-116 , or
108 other valid provision governing the use of the public right-of-way.
109 Section 2. Section 54-8a-9 is amended to read:
110 54-8a-9. Association for mutual receipt of notice of excavation activities.
111 (1) (a) (i) Two or more operators may form and operate a statewide association
112 providing for mutual receipt of notice of excavation activities.
113 (ii) If an association is operational, notice to the association shall be given pursuant to
114 Section 54-8a-4 .
115 (b) (i) If an association is formed, each operator with an underground facility in the
116 area shall become a member of the association and participate in it to:
117 (A) receive a notice of a proposed excavation submitted to the association;
118 (B) receive the services furnished by it; and
119 (C) pay its share of the cost for the service furnished.
120 (ii) If an operator does not comply with Subsection (1)(b)(i) and Section 54-8a-5 , the

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- 5 - 121 operator is liable for damages incurred by an excavator who complies with this chapter's
122 requirements.
123 (c) An association whose members or participants have underground facilities within a
124 county shall:
125 (i) file a description of the geographical area served by the association; and
126 (ii) file the name and address of every member and participating operator with the
127 county clerk.
128 (2) An association receiving notice as provided in Subsection 54-8a-4 (1) shall:
129 (a) notify members and participants in the relevant geographic area within 24 hours
130 after receiving notice from the person who proposes to excavate; and
131 (b) maintain a record of any notice received for a period of five years to document
132 compliance with the requirements of this chapter.
133 (3) An association contacted by a public agency to identify a utility company in
134 accordance with Section 54-3-29 , shall provide the public agency with a list, including contact
135 information to the extent available, of each utility company of which the association is aware
136 that has a utility facility within the area identified by the public agency.
137 Section 3. Section 72-6-116 is amended to read:
138 72-6-116. Regulation of utilities -- Relocation of utilities.
139 (1) As used in this section:
140 (a) "Cost of relocation" includes the entire amount paid by the utility company properly
141 attributable to the relocation of the utility after deducting any increase in the value of the new
142 utility and any salvage value derived from the old utility.
143 (b) "Utility" includes telecommunication, gas, electricity, cable television, water,
144 sewer, data, and video transmission lines, drainage and irrigation systems, and other similar
145 utilities located in, on, along, across, over, through, or under any state highway.
146 (c) "Utility company" means a privately, cooperatively, or publicly owned utility,
147 including utilities owned by political subdivisions.
148 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
149 the department may make rules for the installation, construction, maintenance, repair, renewal,
150 system upgrade, and relocation of all utilities.
151 (b) If the department determines under the rules established in this section that it is

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- 6 - 152 necessary that any utilities should be relocated, the utility company owning or operating the
153 utilities shall relocate the utilities in accordance with this section and the order of the
154 department.
155 (3) (a) The department shall pay 100% of the cost of relocation of a utility on a state
156 highway if the:
157 (i) utility is owned or operated by a political subdivision of the state; or
158 (ii) utility company owns the easement or fee title to the right-of-way in which the
159 utility is located.
160 (b) Except as provided in Subsection (3)(a) or (c), the department shall pay 50% of the
161 cost of relocation of a utility on a state highway and the utility company shall pay the remainder
162 of the cost of relocation.
163 (c) This Subsection (3) does not affect the provisions of Subsection 72-7-108 (5).
164 (4) If a utility is relocated, the utility company owning or operating the utility, its
165 successors or assigns, may maintain and operate the utility, with the necessary appurtenances,
166 in the new location.
167 (5) In accordance with this section, the cost of relocating a utility in connection with
168 any project on a highway is a cost of highway construction.
169 (6) (a) The department shall notify affected utility companies, in accordance with
170 Section 54-3-29 , whenever the relocation of utilities is likely to be necessary because of a
171 reconstruction project.
172 (b) The notification shall be made during the preliminary design of the project or as
173 soon as practical in order to minimize the number, costs, and delays of utility relocations.
174 (c) A utility company notified under this Subsection (6) shall coordinate with the
175 department and the department's contractor on the utility relocations, including the scheduling
176 of the utility relocations.

Legislative Review Note
as of 1-27-10 2:58 PM

Office of Legislative Research and General Counsel