Under the act, a county shall not perform a project in the public right-of-way that requires a nonrate regulated utility provider, as defined in the act, to relocate its facilities, unless the county reimburses the nonrate regulated utility provider for the relocation costs. A county shall be authorized to pay such facility relocation costs as part of the costs of the public right-of-way project. A county shall not be required to reimburse a nonrate regulated utility provider for facility relocation costs if the facilities where installed in violation of current law.

Currently, video service cabinets are required to be removed or relocated at the expense of the video service provider. Under the act, the cabinets are required to be removed pursuant to the provisions of the act or current law, as applicable.

A city, or an incorporated town, or village, shall not perform any road maintenance or construction project (road project) unless the city, or incorporated town or village reimburses any nonrate regulated utility provider that incurs costs for facility relocation due to such road project. A city, an incorporated town, or village shall be authorized to pay such facility relocation costs as part of the costs of the road project. A city, incorporated town, or village shall not be required to reimburse a nonrate regulated utility provider for facility relocation costs if the facilities were installed in violation of current law.

The State Road Fund shall be used for reimbursing nonrate regulated utility providers for any costs associated with facility relocation due to road maintenance, construction, or other right-of-way work activity.

The Department of Transportation shall reimburse nonrate regulated utility providers for any costs associated with facility relocation that are required due to road maintenance, construction, or other right-of-way work activity. The Department shall not be required to reimburse nonrate regulated utility providers for facility relocation costs if the facilities were installed in violation of current law.

Under the act, subject to certain exceptions, the removal and relocation of utility facilities as a result of construction projects required by the Highways and Transportation Commission shall be made at the expense of the owners unless otherwise provided by the Commission. Currently, if the owner fails to relocate the utility facilities, the cost of relocating the utility facilities shall be collected from the owner. Under the act, the cost of relocating the utility facilities shall be borne by the Commission or by the owner.

The act is similar to SB 489 (2025), provisions in HCS/SB 1039 (2024), provisions in HCS/HB 2056 (2024), provisions in SCS/HCS/HB 1746 (2024), and SCS/SB 1018 (2024).

JULIA SHEVELEVA