Local Government Utility Relocation in Right-of-Way

The bill establishes the process by which local governments and investor-owned utility companies with more than 250,000 customers coordinate on utility relocation work, which does not include utility relocation required for a private project relocation, that is necessitated by a road improvement project. A road improvement project covered under the bill does not include a project in a roadway under the control of the Colorado department of transportation (CDOT) unless the construction is performed by or under the direction of the local government pursuant to an agreement with CDOT. The bill excludes a local government that has granted a franchise to a utility company and does not alter the terms of any franchise or license granted pursuant to statute or the state constitution. The bill requires Before beginning a road improvement project and if the scope of a proposed road improvement project changes, a local governments government is required to notify any affected utility companies company of the details of the road improvement projects and establishes the process by which local governments and utility companies may enter into agreements governing the relocation of utility facilities. project, including the proposed design, funding details, the specifics of the utility conflict, and the estimated timeline for the project and utility relocation. The bill requires local governments and utility companies to coordinate on road improvement projects necessitating the removal, relocation, or alteration of utility lines in a local government's right-of-way and to commit to a schedule for utility relocation by means of either a utility relocation agreement or a clearance letter. If the actions of a utility company unreasonably delay the utility relocation schedule or the schedule of the road improvement project, The bill identifies required components for a clearance letter, including the scope of the utility relocation, a schedule and coordination requirements for the utility relocation, accountability for traffic management and the discovery of hazardous materials, a dispute resolution mechanism, and requirements for prompt performance, staking, and project approval. A clearance letter must also provide that the utility company must pay for the costs actual damages associated with the its delay in the performance of the utility relocation, except those caused by a force majeure, the discovery of hazardous materials, or a change in the scope or schedule of the road improvement project. The bill also outlines the timeline and process for a local government to accept or reject a completed utility relocation. The bill does not alter the terms of any franchises or licenses granted pursuant to statute or the state constitution.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)