Amendments for HB24-1266
House Journal, March 15
41 HB24-1266 be amended as follows, and as so amended, be referred to
42 the Committee of the Whole with favorable
43 recommendation:
44
45 Amend printed bill, strike everything below the enacting clause and
46 substitute:
47 "SECTION 1. Legislative declaration. (1) The general
48 assembly finds and declares that:
49 (a) From time to time, local governments provide improvements
50 to their transportation systems through projects within their jurisdictions;
51 (b) The scheduling and timely performance of a road
52 improvement project partially depends on coordination with utility
53 companies for the prompt performance of utility relocation work
54 necessitated by construction of the road improvement project;
55
1 (c) Increased coordination between local governments and utility
2 companies is in the public interest, and prompt performance of utility
3 relocation work according to the project schedule will reduce delays and
4 the costs of construction;
5 (d) Colorado statute outlines this type of coordination between the
6 regional transportation district and utility companies in section
7 32-9-119.1, Colorado Revised Statutes;
8 (e) Colorado statute outlines this type of coordination between the
9 Colorado department of transportation and utility companies in section
10 43-1-1411, Colorado Revised Statutes; and
11 (f) Construction-related delays to road improvement projects can
12 cost local governments millions of dollars of unbudgeted and
13 unanticipated costs, thereby affecting the taxpayers of that community.
14 SECTION 2. In Colorado Revised Statutes, add 38-5-109 as
15 follows:
16 38-5-109. Utility relocation clearance letter - definitions.
17 (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
18 REQUIRES:
19 (a) "CLEARANCE LETTER" MEANS A WRITTEN AGREEMENT
20 BETWEEN A LOCAL GOVERNMENT PROPOSING A ROAD IMPROVEMENT
21 PROJECT AND A UTILITY COMPANY, IN WHICH THE UTILITY COMPANY AND
22 THE LOCAL GOVERNMENT MUTUALLY ESTABLISH THE SCOPE, CONDITIONS,
23 AND SCHEDULE FOR THE UTILITY RELOCATION REQUIRED FOR THE ROAD
24 IMPROVEMENT PROJECT.
25 (b) "FORCE MAJEURE" MEANS FIRE, EXPLOSION, FLOODS, ACTION
26 OF THE ELEMENTS, STRIKE, LABOR DISPUTES, INTERRUPTION OF
27 TRANSPORTATION, RATIONING, SHORTAGE OF EQUIPMENT OR MATERIALS,
28 COURT ACTION, ILLEGALITY, UNUSUALLY SEVERE WEATHER, ACT OF GOD,
29 ACT OF WAR OR TERRORISM, EPIDEMICS OR PANDEMICS, QUARANTINES,
30 SEASONAL LIMITATIONS ON UTILITY OPERATIONS, OR ANY OTHER CAUSE
31 THAT IS BEYOND THE REASONABLE CONTROL OF THE ENTITY PERFORMING
32 THE UTILITY RELOCATION.
33 (c) "HAZARDOUS MATERIAL" MEANS ANY SUBSTANCE, POLLUTANT,
34 CONTAMINANT, CHEMICAL, MATERIAL, OR WASTE, OR ANY SOIL OR WATER
35 CONTAMINATED WITH SUCH HAZARDOUS MATERIAL, THAT IS:
36 (I) INCLUDED IN THE DEFINITION OF HAZARDOUS SUBSTANCE,
37 HAZARDOUS WASTE, TOXIC SUBSTANCE, HAZARDOUS POLLUTANT, TOXIC
38 POLLUTANT, NONHAZARDOUS WASTE, OR UNIVERSAL WASTE, AS
39 REGULATED BY ANY APPLICABLE ENVIRONMENTAL LAW; OR
40 (II) TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, IGNITABLE,
41 INFECTIOUS, RADIOACTIVE, CARCINOGENIC, MUTAGENIC, OR THAT
42 OTHERWISE POSES A HAZARD TO LIVING THINGS OR THE ENVIRONMENT.
43 (d) "LOCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE
44 COUNTY, CITY AND COUNTY, MUNICIPALITY, OR TOWN, EXCLUDING A
45 LOCAL GOVERNMENT THAT HAS GRANTED A FRANCHISE TO A UTILITY
46 COMPANY PURSUANT TO SECTION 31-32-101 OR ARTICLE XX OF THE
47 STATE CONSTITUTION.
48 (e) "PLANS AND SPECIFICATIONS" MEANS THE PLANS, DRAWINGS,
49 AND SPECIFICATIONS DESIGNED AND ENGINEERED BY A LOCAL
50 GOVERNMENT OR ITS CONTRACTOR, WHICH ARE NECESSARY TO COMPLETE
51 THE ROAD IMPROVEMENT PROJECT IN ACCORDANCE WITH APPLICABLE
52 LAWS, RULES, AND REGULATIONS.
53 (f) "PRIVATE PROJECT RELOCATION" MEANS ANY CONSTRUCTION
54 OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT, EXPANSION, OR
55 REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT-OF-WAY THAT:
56
1 (I) REQUIRES THE REMOVAL, RELOCATION, OR ALTERATION OF
2 UTILITY FACILITIES;
3 (II) IS NECESSARY TO FACILITATE THE DEVELOPMENT OF PRIVATE
4 PROPERTY; AND
5 (III) IS REQUIRED BY REASON OF A LOCAL GOVERNMENT ZONING,
6 APPROVAL, OR OTHER LAND USE REGULATION PERMITTING REQUIREMENT.
7 (g) "PROMPT PERFORMANCE" MEANS ACTING IN GOOD FAITH AND
8 MAKING ALL REASONABLE EFFORTS TO PERFORM THE SPECIFIC ACTIONS
9 AND OBLIGATIONS SET FORTH IN A CLEARANCE LETTER, EXCEPT AS MAY BE
10 EXCUSED BY SUBSEQUENT AGREEMENT BETWEEN THE UTILITY COMPANY
11 AND THE LOCAL GOVERNMENT TO WHICH THE CLEARANCE LETTER APPLIES.
12 (h) "PUBLIC ROADWAY" MEANS PROPERTY CONTROLLED BY A
13 LOCAL GOVERNMENT THAT IS ACQUIRED, DEDICATED, OR RESERVED FOR
14 THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A STREET OR
15 PUBLIC HIGHWAY AND THAT IS OPEN TO PUBLIC TRAVEL OR ANY OTHER
16 PUBLIC HIGHWAY ESTABLISHED BY LAW.
17 (i) (I) "ROAD IMPROVEMENT PROJECT" MEANS ANY CONSTRUCTION
18 OR RECONSTRUCTION PROJECT FOR THE ADJUSTMENT, EXPANSION, OR
19 REALIGNMENT OF A PUBLIC ROADWAY OR PUBLIC RIGHT-OF-WAY,
20 INCLUDING BUT NOT LIMITED TO MAINTENANCE, REPLACEMENT, BRIDGE,
21 CULVERT, OR TRAFFIC SIGNAL PROJECTS.
22 (II) "ROAD IMPROVEMENT PROJECT" DOES NOT INCLUDE A PROJECT
23 ON, ALONG, OR IN A PUBLIC OR STATE HIGHWAY OR ROADWAY UNDER THE
24 CONTROL OF THE COLORADO DEPARTMENT OF TRANSPORTATION UNLESS
25 A LOCAL GOVERNMENT PERFORMS THE CONSTRUCTION OR
26 RECONSTRUCTION AS PART OF A PROJECT UNDER THE DIRECTION OF THE
27 LOCAL GOVERNMENT AND PURSUANT TO AN AGREEMENT WITH THE
28 COLORADO DEPARTMENT OF TRANSPORTATION.
29 (j) "UTILITY COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC OR
30 GAS UTILITY COMPANY WITH MORE THAN TWO HUNDRED FIFTY THOUSAND
31 RETAIL CUSTOMERS.
32 (k) "UTILITY CONFLICT" MEANS CIRCUMSTANCES IN WHICH A
33 PROPOSED ROAD IMPROVEMENT PROJECT BRINGS UTILITY FACILITIES OUT
34 OF COMPLIANCE WITH REGULATORY AGENCY STANDARDS OR EXISTING
35 UTILITY FACILITIES PRECLUDE OR HINDER THE CONSTRUCTION OF A ROAD
36 IMPROVEMENT PROJECT.
37 (l) "UTILITY FACILITIES" MEANS ANY LINES OF ELECTRIC LIGHT OR
38 WIRE, POWER, OR PIPELINE OF A UTILITY COMPANY AND ANY RELATED
39 SUPPORT STRUCTURES, ATTACHMENTS, APPURTENANCES, EQUIPMENT,
40 VALVES, CABLE, OR CONDUIT FOR THE LINES, WIRES, OR PIPELINES.
41 "UTILITY FACILITIES" INCLUDE BOTH THOSE ABOVE AND BELOW GROUND.
42 (m) "UTILITY RELOCATION" OR "RELOCATION OF UTILITY
43 FACILITIES" MEANS THE REMOVAL, RELOCATION, OR ALTERATION OF
44 UTILITY FACILITIES NECESSARY TO RESOLVE A UTILITY CONFLICT CAUSED
45 BY A ROAD IMPROVEMENT PROJECT FUNDED IN FULL OR IN PART BY A
46 LOCAL GOVERNMENT OR WITH STATE, FEDERAL, OR OTHER PUBLIC MONEY;
47 EXCEPT THAT "UTILITY RELOCATION" DOES NOT INCLUDE A PRIVATE
48 PROJECT RELOCATION.
49 (2) (a) IF A LOCAL GOVERNMENT ENGAGES IN OR PROPOSES TO
50 ENGAGE IN A ROAD IMPROVEMENT PROJECT THAT WILL REQUIRE THE
51 RELOCATION OF UTILITY FACILITIES DUE TO A UTILITY CONFLICT, THE
52 LOCAL GOVERNMENT SHALL:
53 (I) NOTIFY THE NOTIFICATION ASSOCIATION, CREATED IN SECTION
54 9-1.5-105 (1), WITH AN ENGINEERING OR SUBSURFACE UTILITY
55 ENGINEERING NOTIFICATION TO IDENTIFY EACH UTILITY COMPANY THAT
1 HAS UTILITY FACILITIES IN THE AREA OF THE ROAD IMPROVEMENT
2 PROJECT; AND
3 (II) ELECTRONICALLY NOTIFY IN WRITING EACH UTILITY COMPANY
4 IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION. THE
5 NOTICE PROVIDED MUST FOLLOW THE REQUIREMENTS OF SUBSECTION
6 (2)(b) OF THIS SECTION.
7 (b) THE NOTICE REQUIRED BY SUBSECTION (2)(a)(II) OF THIS
8 SECTION MUST INCLUDE THE FOLLOWING INFORMATION:
9 (I) AN EXPLANATION OF THE PROPOSED DESIGN OF THE ROAD
10 IMPROVEMENT PROJECT, INCLUDING INFORMATION ON FUNDING;
11 (II) ANY POTENTIAL UTILITY CONFLICT THAT MAY BE CREATED BY
12 THE ROAD IMPROVEMENT PROJECT;
13 (III) THE ESTIMATED TIMELINE AND DURATION OF THE ROAD
14 IMPROVEMENT PROJECT;
15 (IV) THE ESTIMATED TIME FRAME IN WHICH THE UTILITY
16 RELOCATION SHOULD BE COMPLETED;
17 (V) THE FEDERAL IDENTIFYING PROJECT NUMBER, IF APPLICABLE;
18 AND
19 (VI) WHETHER THE UTILITY COMPANY MAY QUALIFY FOR
20 ASSISTANCE TO OFFSET EXPENSES INCURRED IN RELOCATING ITS UTILITY
21 FACILITIES TO ACCOMMODATE THE PROPOSED ROAD IMPROVEMENT
22 PROJECT.
23 (c) THE LOCAL GOVERNMENT SHALL GIVE THE NOTICE REQUIRED
24 BY SUBSECTION (2)(a)(II) OF THIS SECTION TO THE UTILITY COMPANY AS
25 EARLY AS PRACTICABLE AND AT LEAST FORTY-FIVE CALENDAR DAYS
26 BEFORE THE EARLIEST OF THE FOLLOWING:
27 (I) THE COMPLETION OF THIRTY PERCENT OF THE PRELIMINARY
28 DESIGN PLANS;
29 (II) THE PROJECT DEVELOPMENT SCOPING MEETING FOR THE ROAD
30 IMPROVEMENT PROJECT; OR
31 (III) THE INVITATION TO BID FOR THE ROAD IMPROVEMENT
32 PROJECT.
33 (d) THE UTILITY COMPANY TO WHICH THE NOTICE REQUIRED BY
34 SUBSECTION (2)(a)(II) OF THIS SECTION IS DIRECTED SHALL ACKNOWLEDGE
35 RECEIPT OF THE NOTICE.
36 (e) IF THERE IS A CHANGE IN THE SCOPE OF A ROAD IMPROVEMENT
37 PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS THE UTILITY
38 FACILITIES AND THE UTILITY COMPANY'S ABILITY TO REASONABLY MEET
39 ITS OBLIGATIONS FOR THE UTILITY RELOCATION IN ACCORDANCE WITH THE
40 SCHEDULE ESTABLISHED FOR THE ROAD IMPROVEMENT PROJECT, A LOCAL
41 GOVERNMENT SHALL:
42 (I) GIVE EACH AFFECTED UTILITY COMPANY A NEW WRITTEN
43 NOTICE THAT INCLUDES ALL APPLICABLE INFORMATION IN SUBSECTION
44 (2)(b) OF THIS SECTION; AND
45 (II) COORDINATE WITH THE AFFECTED UTILITY COMPANY AND
46 THIRD-PARTY CONTRACTOR, AS APPLICABLE, TO AMEND ANY CLEARANCE
47 LETTER AS NECESSARY TO REFLECT MUTUALLY AGREED UPON CHANGES TO
48 THE ORIGINAL COMMITMENTS IN THE LETTER, INCLUDING REASONABLE
49 SCHEDULE ADJUSTMENTS, IF AN EXECUTED CLEARANCE LETTER COVERING
50 THE UTILITY RELOCATION EXISTS.
51 (e) (I) IF UTILITY FACILITIES ARE DISCOVERED DURING A ROAD
52 IMPROVEMENT PROJECT THAT WERE NOT PREVIOUSLY IDENTIFIED, THE
53 LOCAL GOVERNMENT, THE AFFECTED UTILITY COMPANY, AND THE
54 THIRD-PARTY CONTRACTOR, AS APPLICABLE, SHALL CONFER WITHIN
55 FORTY-EIGHT HOURS OF DISCOVERY TO DETERMINE APPROPRIATE
56 RELOCATION PROCEDURES.
1 (II) WITHIN TEN BUSINESS DAYS OF THE DISCOVERY OF THE
2 UTILITY FACILITIES, THE LOCAL GOVERNMENT AND THE AFFECTED UTILITY
3 COMPANY SHALL NEGOTIATE A CLEARANCE LETTER PURSUANT TO
4 SUBSECTION (3) OF THIS SECTION.
5 (3) (a) TO FACILITATE A UTILITY RELOCATION, A LOCAL
6 GOVERNMENT AND AN AFFECTED UTILITY COMPANY SHALL NEGOTIATE IN
7 GOOD FAITH AND SHALL ENTER INTO A MUTUALLY AGREEABLE CLEARANCE
8 LETTER.
9 (b) THE CLEARANCE LETTER MUST INCLUDE:
10 (I) AN ACKNOWLEDGMENT BY THE LOCAL GOVERNMENT AND THE
11 UTILITY COMPANY THAT A UTILITY CONFLICT EXISTS;
12 (II) THE SCOPE OF THE UTILITY RELOCATION, INCLUDING THE
13 EXTENT OF THE UTILITY FACILITIES NEEDING TO BE RELOCATED AS
14 EVIDENCED BY THE PLANS AND SPECIFICATIONS;
15 (III) WHETHER THE UTILITY RELOCATION WILL BE PERFORMED BY
16 THE UTILITY COMPANY OR BY A THIRD-PARTY CONTRACTOR AGREED TO BY
17 THE UTILITY COMPANY;
18 (IV) REQUIREMENTS FOR COORDINATION AMONG THE LOCAL
19 GOVERNMENT, THE UTILITY COMPANY, AND ANY THIRD-PARTY
20 CONTRACTOR THROUGHOUT THE ROAD IMPROVEMENT PROJECT AND
21 UTILITY RELOCATION, INCLUDING THROUGHOUT ANY PREREQUISITE WORK
22 THAT NEEDS TO OCCUR BEFORE THE UTILITY RELOCATION;
23 (V) WHICH ENTITY IS RESPONSIBLE FOR TRAFFIC MANAGEMENT
24 DURING THE UTILITY RELOCATION;
25 (VI) THE NUMBER OF DAYS OF NOTICE THAT THE LOCAL
26 GOVERNMENT MUST GIVE TO THE UTILITY COMPANY AHEAD OF THE DATE
27 BY WHICH THE UTILITY RELOCATION MUST BE STARTED IN ORDER TO
28 ADHERE TO THE ROAD IMPROVEMENT PROJECT SCHEDULE;
29 (VII) AN ESTIMATED SCHEDULE FOR THE PERFORMANCE OF THE
30 UTILITY RELOCATION, INCLUDING THE DURATION OF THE UTILITY
31 RELOCATION;
32 (VIII) A REQUIREMENT OF PROMPT PERFORMANCE OF THE UTILITY
33 RELOCATION BY THE UTILITY COMPANY IF THE UTILITY COMPANY IS
34 PERFORMING THE UTILITY RELOCATION OR BY THE THIRD-PARTY
35 CONTRACTOR AGREED TO BY THE UTILITY COMPANY TO PERFORM THE
36 UTILITY RELOCATION, EXCEPT WHEN PERFORMANCE IS EXCUSED DUE TO
37 FORCE MAJEURE, THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC
38 ROADWAY, OR A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A
39 ROAD IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT
40 AFFECTS THE UTILITY FACILITIES;
41 (IX) A REQUIREMENT OF PAYMENT BY THE UTILITY COMPANY FOR
42 ACTUAL DAMAGES CAUSED BY THE UTILITY COMPANY'S DELAY IN THE
43 PERFORMANCE OF THE UTILITY RELOCATION OR INTERFERENCE WITH THE
44 PERFORMANCE OF THE UTILITY RELOCATION BY ANY CONTRACTOR NOT
45 HIRED BY THE UTILITY COMPANY; EXCEPT THAT DELAY OR INTERFERENCE
46 CAUSED BY THE FOLLOWING WILL NOT BE CHARGED TO THE UTILITY
47 COMPANY:
48 (A) A FORCE MAJEURE;
49 (B) THE DISCOVERY OF HAZARDOUS MATERIAL IN THE PUBLIC
50 ROADWAY; OR
51 (C) A CHANGE IN THE SCOPE OR AGREED-TO SCHEDULE OF A ROAD
52 IMPROVEMENT PROJECT OR THE PLANS AND SPECIFICATIONS THAT AFFECTS
53 THE UTILITY FACILITIES AND THE UTILITY COMPANY'S ABILITY TO PERFORM
54 THE RELOCATION WORK AS ESTABLISHED IN THE CLEARANCE LETTER;
55
1 (X) A REQUIREMENT THAT THE LOCAL GOVERNMENT, AT ITS SOLE
2 COST, SURVEY AND STAKE THE LOCATION WHERE THE UTILITY FACILITIES
3 WILL BE LOCATED PRIOR TO THE BEGINNING OF THE UTILITY RELOCATION,
4 AND THAT THE COST OF ANY REQUIRED RE-STAKING DUE TO THE ACTIONS
5 OF A UTILITY COMPANY OR ITS CONTRACTOR BE PAID BY THE UTILITY
6 COMPANY;
7 (XI) A REQUIREMENT THAT, UPON THE DISCOVERY OF HAZARDOUS
8 MATERIAL IN A PUBLIC ROADWAY IN CONNECTION WITH UTILITY
9 RELOCATION, THE UTILITY RELOCATION WORK CEASE UNTIL THE LOCAL
10 GOVERNMENT TAKES NECESSARY STEPS TO PROVIDE A UTILITY CORRIDOR
11 FREE FROM HAZARDOUS MATERIAL, AND THAT THE LOCAL GOVERNMENT
12 IS RESPONSIBLE FOR THE MANAGEMENT, TRANSPORTATION, AND DISPOSAL
13 OF ANY SOIL FROM THE PUBLIC RIGHT-OF-WAY CONTAMINATED WITH
14 HAZARDOUS MATERIAL;
15 (XII) A REQUIREMENT THAT ALL DESIGN AND CONSTRUCTION OF
16 THE UTILITY RELOCATION ARE SUBJECT TO REVIEW AND APPROVAL BY
17 ENGINEERS FOR THE LOCAL GOVERNMENT AND FOR THE UTILITY
18 COMPANY; AND
19 (XIII) A DISPUTE RESOLUTION PROVISION THAT INCLUDES
20 MECHANISMS FOR NOTICE OF A FAILURE TO PERFORM IN ACCORDANCE
21 WITH THE CLEARANCE LETTER AND FOR A REASONABLE OPPORTUNITY TO
22 CURE.
23 (c) (I) THE CLEARANCE LETTER MAY ALLOW FOR UTILITY
24 COMPANY BETTERMENT AT THE EXPENSE OF THE UTILITY COMPANY;
25 EXCEPT THAT ANY UTILITY COMPANY BETTERMENT MUST NOT
26 MATERIALLY DELAY THE UTILITY RELOCATION.
27 (II) AS USED IN THIS SUBSECTION (3)(c), "UTILITY COMPANY
28 BETTERMENT" MEANS ANY UPGRADE OF THE UTILITY FACILITIES BEING
29 RELOCATED THAT IS NOT ATTRIBUTABLE TO THE ROAD IMPROVEMENT
30 PROJECT AND THAT IS MADE SOLELY FOR THE BENEFIT AND AT THE
31 ELECTION OF THE AFFECTED UTILITY COMPANY.
32 (4) (a) UPON BEING PROVIDED WRITTEN DOCUMENTATION FROM
33 THE UTILITY COMPANY INDICATING, AT A MINIMUM, THE HORIZONTAL AND
34 VERTICAL LOCATIONS OF THE RELOCATED UTILITY FACILITIES, A LOCAL
35 GOVERNMENT SHALL COMPLETE ITS REVIEW OF THE UTILITY RELOCATION
36 AND PROVIDE A WRITTEN DETERMINATION OF WHETHER IT ACCEPTS OR
37 REJECTS THE COMPLETED UTILITY RELOCATION WITHIN FOURTEEN
38 CALENDAR DAYS OF COMPLETION OF THE RELOCATION OR RECEIPT OF THE
39 DOCUMENTATION INDICATING THE LOCATION OF THE RELOCATED UTILITY
40 FACILITIES FROM THE UTILITY COMPANY, WHICHEVER IS LATER.
41 (b) IF THE LOCAL GOVERNMENT ACCEPTS THE UTILITY
42 RELOCATION, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN
43 ACCEPTANCE OF THE UTILITY RELOCATION TO THE UTILITY COMPANY.
44 (c) (I) IF THE LOCAL GOVERNMENT REJECTS THE UTILITY
45 RELOCATION, THE LOCAL GOVERNMENT SHALL PROVIDE ITS WRITTEN
46 REJECTION AND REASONING TO THE UTILITY COMPANY.
47 (II) THE UTILITY COMPANY SHALL PROMPTLY MAKE THE
48 NECESSARY CHANGES TO THE UTILITY RELOCATION IDENTIFIED IN THE
49 WRITTEN REJECTION TO CONFORM WITH THE PLANS AND SPECIFICATIONS
50 IDENTIFIED IN THE CLEARANCE LETTER. THE UTILITY COMPANY IS
51 RESPONSIBLE FOR PAYMENT OF ACTUAL DAMAGES CAUSED BY ANY DELAY
52 IN THE ROAD IMPROVEMENT PROJECT SCHEDULE AS A RESULT OF THE
53 NECESSARY CHANGES TO THE UTILITY RELOCATION TO BRING THE
54 RELOCATION INTO COMPLIANCE WITH THE PLANS AND SPECIFICATIONS
55 IDENTIFIED IN THE CLEARANCE LETTER.
56
1 (d) IF THE LOCAL GOVERNMENT FAILS TO TIMELY PROVIDE THE
2 WRITTEN DETERMINATION REQUIRED BY SUBSECTION (4)(a) OF THIS
3 SECTION, THE UTILITY RELOCATION IS DEEMED ACCEPTED.
4 (e) A UTILITY COMPANY SHALL NOT BE REQUIRED TO PAY FOR
5 RELOCATION OF PREVIOUSLY RELOCATED UTILITY FACILITIES WITHIN TWO
6 YEARS FOLLOWING THE ACCEPTANCE OF THE PREVIOUS UTILITY
7 RELOCATION BY THE LOCAL GOVERNMENT PURSUANT TO THIS SUBSECTION
8 (4), EXCEPT IN THE EVENT OF AN EMERGENCY.
9 (5) A LOCAL GOVERNMENT MAY, AFTER OPPORTUNITY FOR RELIEF
10 BETWEEN THE LOCAL GOVERNMENT AND THE UTILITY COMPANY
11 PURSUANT TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN THE
12 CLEARANCE LETTER, WITHHOLD ISSUANCE OF A PERMIT FOR THE LOCATION
13 OR INSTALLATION OF OTHER UTILITY FACILITIES IN A PUBLIC ROADWAY TO
14 A UTILITY COMPANY UNTIL THE UTILITY COMPANY PAYS THE LOCAL
15 GOVERNMENT FOR ANY ACTUAL DAMAGES CAUSED BY THE UTILITY
16 COMPANY'S DELAY IN THE PERFORMANCE OF A UTILITY RELOCATION.
17 (6) WHEN NECESSARY AND FEASIBLE AND AFTER MUTUAL
18 AGREEMENT WITH AN AFFECTED UTILITY COMPANY, A LOCAL
19 GOVERNMENT MAY OBTAIN ADDITIONAL PUBLIC RIGHTS-OF-WAY OR
20 EASEMENTS TO ACCOMMODATE A UTILITY RELOCATION. THE LOCAL
21 GOVERNMENT IS RESPONSIBLE FOR THE COST OF OBTAINING ANY
22 ADDITIONAL RIGHT-OF-WAY UNLESS THE ADDITIONAL RIGHT-OF-WAY IS
23 ONLY NEEDED TO ACCOMMODATE A UTILITY COMPANY BETTERMENT AND
24 IS NOT REQUIRED FOR A ROAD IMPROVEMENT PROJECT.
25 (7) A LOCAL GOVERNMENT AND AN AFFECTED UTILITY COMPANY
26 SHALL MAKE ARRANGEMENTS FOR FUNDING ANY UTILITY RELOCATION AS
27 SPECIFIED IN ANY EASEMENTS, LICENSES, OR OTHER PROPERTY INTERESTS
28 OR RIGHTS OF USE HELD BY THE LOCAL GOVERNMENT OR THE UTILITY
29 COMPANY. THE RECOVERY OF UNDERGROUND UTILITY LOCATE COSTS, AS
30 INCURRED BY THE UTILITY COMPANY, MUST OCCUR THROUGH
31 APPROPRIATE RATE ADJUSTMENT CLAUSES.
32 (8) NO PARTY OTHER THAN THE OWNER OF THE UTILITY FACILITIES
33 MAY RELOCATE UTILITY FACILITIES WITHOUT THE EXPRESS CONSENT OF
34 THE AFFECTED UTILITY COMPANY.
35 (9) NOTHING IN THIS SECTION:
36 (a) ALTERS OR DIMINISHES THE AUTHORITY OF A LOCAL
37 GOVERNMENT TO LAWFULLY EXERCISE ITS POLICE POWERS WITH RESPECT
38 TO THE RELOCATION OF UTILITY FACILITIES WITHIN THE LOCAL
39 GOVERNMENT BOUNDARIES;
40 (b) ALTERS EXISTING PROPERTY AGREEMENTS, LICENSES,
41 FRANCHISE AGREEMENTS, OR OTHER VESTED INTERESTS OF A LOCAL
42 GOVERNMENT OR A UTILITY COMPANY ESTABLISHED IN THE EXISTING
43 PROPERTY AGREEMENT, LICENSE, FRANCHISE AGREEMENT, OR OTHER
44 VESTED INTEREST, INCLUDING THE OBLIGATION TO PAY FOR UTILITY
45 RELOCATION;
46 (c) ALTERS THE TERMS OF ANY FRANCHISE OR LICENSE GRANTED
47 PURSUANT TO SECTION 31-32-101 OR ARTICLE XX OF THE STATE
48 CONSTITUTION;
49 (d) ALTERS OR DIMINISHES THE LOCAL GOVERNMENT'S ABILITY TO
50 RECOVER COSTS OR DAMAGES FROM ANY PARTY RESPONSIBLE FOR
51 HAZARDOUS MATERIAL DISCOVERED IN A PUBLIC ROADWAY;
52 (e) ALTERS OR DIMINISHES THE UTILITY COMPANY'S ABILITY TO
53 RECOVER COSTS OR DAMAGES RESULTING FROM THE DISCOVERY OF
54 HAZARDOUS MATERIAL, PREVIOUSLY UNIDENTIFIED UTILITY CONFLICTS,
55 OR THE ACTS OR OMISSIONS OF A THIRD PARTY; OR
56
1 (f) ALTERS ANY COMMON LAW OF THE STATE ALLOCATING THE
2 COST OF UTILITY RELOCATION WITHIN A PUBLIC RIGHT-OF-WAY.
3 SECTION 3. Act subject to petition - effective date -
4 applicability. (1) This act takes effect at 12:01 a.m. on the day following
5 the expiration of the ninety-day period after final adjournment of the
6 general assembly; except that, if a referendum petition is filed pursuant
7 to section 1 (3) of article V of the state constitution against this act or an
8 item, section, or part of this act within such period, then the act, item,
9 section, or part will not take effect unless approved by the people at the
10 general election to be held in November 2024 and, in such case, will take
11 effect on the date of the official declaration of the vote thereon by the
12 governor.
13 (2) This act applies to utility relocation work commencing on or
14 after the applicable effective date of this act.".
15
16
Senate Journal, April 17
After consideration on the merits, the Committee recommends that HB24-1266 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.
Amend reengrossed bill, page 2, after line 3 insert:
"(a) Colorado statutes outline the use of public highways for the
operation and maintenance of the transportation system, and utilities must be
constructed so as not to obstruct or hinder the usual travel on such highways,
as described in section 38-5-101, Colorado Revised Statutes;".
Renumber succeeding paragraphs accordingly.
Page 6, line 11, strike "WILL" and substitute "MAY".
Page 7, strike lines 14 through 21 and substitute "EARLY AS PRACTICABLE AND:
(I) WITHIN FIFTEEN CALENDAR DAYS OF THE APPROVAL OF THE
PRELIMINARY DESIGN OF THE ROAD IMPROVEMENT PROJECT; AND
(II) AT LEAST FORTY-FIVE CALENDAR DAYS BEFORE THE INVITATION TO
BID FOR CONSTRUCTION OF THE ROAD IMPROVEMENT PROJECT.".
Page 8, strike lines 13 and 14 and substitute "(f) (I) IF UTILITY FACILITIES WERE
NOT PREVIOUSLY IDENTIFIED AND RESULT IN A NEWLY DISCOVERED UTILITY
CONFLICT, THE".
Page 8, line 20, strike "FACILITIES," and substitute "CONFLICT,".
Page 11, lines 23 and 24, strike "FROM THE UTILITY COMPANY INDICATING, AT
A MINIMUM," and substitute "OF".
Page 11, line 25, strike "FACILITIES," and substitute "FACILITIES AND A
STATEMENT BY THE UTILITY COMPANY OR ITS CONTRACTOR THAT THE UTILITY
FACILITIES ARE RELOCATED IN ACCORDANCE WITH THE APPROVED UTILITY
RELOCATION PLANS,".
Page 11, line 26, after "THE" insert "COMPLETED".
Page 13, line 6, strike "UTILITY COMPANY PAYS" and substitute "DISPUTE IS
RESOLVED, WHICH MAY INCLUDE PAYMENT TO".
Page 14, line 20, strike the third "OR".
Page 14, line 22, strike "RIGHT-OF-WAY." and substitute "RIGHT-OF-WAY; OR".
Page 14, after line 22 insert:
"(g) PREVENTS A LOCAL GOVERNMENT FROM PURSUING ALTERNATIVE
ARRANGEMENTS WITH A UTILITY COMPANY, IN WHICH CASE SUBSECTIONS (2)
THROUGH (8) OF THIS SECTION DO NOT APPLY.".
Senate Journal, April 19
HB24-1266 by Representative(s) Hamrick and Frizell; also Senator(s) Zenzinger--Concerning the
relocation of utility facilities in a local government right-of-way.
Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, April 17, page(s) 893-894 and placed in members' bill files.)
Amendment No. 2(L.006), by Senator Zenzinger.
Amend the Local Government and Housing Committee Report, dated April 16,
2024, page 2, line 13, strike "WITH A UTILITY COMPANY," and substitute "FOR
ROAD IMPROVEMENT PROJECTS,".
As amended, ordered revised and placed on the calendar for third reading and final
passage.