72-6-116 - Regulation of utilities -- Relocation of utilities.
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 properlyattributable to the relocation of the utility after deducting any increase in the value of the newutility and any salvage value derived from the old utility.
(b) "Utility" includes telecommunication, gas, electricity, cable television, water, sewer,data, and video transmission lines, drainage and irrigation systems, and other similar utilitieslocated 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 63G, Chapter 3, Utah Administrative Rulemaking Act,the department may make rules for the installation, construction, maintenance, repair, renewal,system upgrade, and relocation of all utilities.
(b) If the department determines under the rules established in this section that it isnecessary that any utilities should be relocated, the utility company owning or operating theutilities shall relocate the utilities in accordance with this section and the order of the department.
(3) (a) The department shall pay 100% of the cost of relocation of a utility on a statehighway if the:
(i) utility is owned or operated by a political subdivision of the state; or
(ii) utility company owns the easement or fee title to the right-of-way in which the utilityis located.
(b) Except as provided in Subsection (3)(a) or (c), the department shall pay 50% of thecost of relocation of a utility on a state highway and the utility company shall pay the remainderof the cost of relocation.
(c) This Subsection (3) does not affect the provisions of Subsection 72-7-108(5).
(4) If a utility is relocated, the utility company owning or operating the utility, itssuccessors or assigns, may maintain and operate the utility, with the necessary appurtenances, inthe new location.
(5) In accordance with this section, the cost of relocating a utility in connection with anyproject on a highway is a cost of highway construction.
(6) (a) The department shall notify affected utility companies, in accordance with Section54-3-29, whenever the relocation of utilities is likely to be necessary because of a reconstructionproject.
(b) The notification shall be made during the preliminary design of the project or as soonas practical in order to minimize the number, costs, and delays of utility relocations.
(c) A utility company notified under this Subsection (6) shall coordinate with thedepartment and the department's contractor on the utility relocations, including the scheduling ofthe utility relocations.
Amended by Chapter 272, 2010 General Session