Chief Sponsor: Francis D. Gibson

Senate Sponsor: David G. Buxton


8     General Description:
9          This bill adds "crude oil" and "petroleum products" to the definition of "utility" in the
10     Construction, Maintenance, and Operations Act within the Transportation Code.
11     Highlighted Provisions:
12          This bill:
13          ▸     adds "crude oil" and "petroleum products" to the definition of "utility" in the
14     Construction, Maintenance, and Operations Act within the Transportation Code.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          72-6-116, as last amended by Laws of Utah 2018, Chapter 299

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 72-6-116 is amended to read:
25          72-6-116. Regulation of utilities -- Relocation of utilities.
26          (1) As used in this section:
27          (a) "Cost of relocation" includes the entire amount paid by the utility company properly

28     attributable to the relocation of the utility after deducting any increase in the value of the new
29     utility and any salvage value derived from the old utility.
30          (b) "Utility" includes telecommunication, crude oil, petroleum products, gas,
31     electricity, cable television, water, sewer, data, and video transmission lines, drainage and
32     irrigation facilities, and other similar utilities whether public, private, or cooperatively owned.
33          (c) "Utility company" means a privately, cooperatively, or publicly owned utility,
34     including utilities owned by political subdivisions.
35          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
36     the department may make rules for the installation, construction, maintenance, repair, renewal,
37     system upgrade, and relocation of all utilities.
38          (b) If the department determines under the rules established in this section that it is
39     necessary that any utilities should be relocated, the utility company owning or operating the
40     utilities shall relocate the utilities in accordance with this section and the order of the
41     department.
42          (3) (a) The department shall pay 100% of the cost of relocation of a utility to
43     accommodate construction of a state highway project, including the construction of a proposed
44     state highway and the improvement, widening, or modification of an existing state highway if
45     the:
46          (i) utility is owned or operated by a political subdivision of the state;
47          (ii) utility company owns the easement or fee title to the right-of-way in which the
48     utility is located; or
49          (iii) utility is located in a public utility easement as defined in Section 54-3-27.
50          (b) Except as provided in Subsection (3)(a) or (c) or Section 54-21-603, the department
51     shall pay 50% of the cost of relocation of a utility to accommodate construction of a state
52     highway project, including the construction of a proposed state highway and the improvement,
53     widening, or modification of an existing state highway, and the utility company shall pay the
54     remainder of the cost of relocation.
55          (c) This Subsection (3) does not affect the provisions of Subsection 72-7-108(5).
56          (4) If a utility is relocated, the utility company owning or operating the utility, its
57     successors or assigns, may maintain and operate the utility, with the necessary appurtenances,
58     in the new location.

59          (5) In accordance with this section, the cost of relocating a utility in connection with
60     any project on a highway is a cost of highway construction.
61          (6) (a) The department shall notify affected utility companies, in accordance with
62     Section 54-3-29, whenever the relocation of utilities is likely to be necessary because of a
63     reconstruction project.
64          (b) The notification shall be made during the preliminary design of the project or as
65     soon as practical in order to minimize the number, costs, and delays of utility relocations.
66          (c) A utility company notified under this Subsection (6) shall coordinate and cooperate
67     with the department and the department's contractor on the utility relocations, including the
68     scheduling of the utility relocations.