Bill > A2233

Introduced Session

This bill provides for the accommodation and relocation of public utility and cable television company facilities during the course of an infrastructure project undertaken by the State or a county or municipality (contracting entity). Under current law, the cost associated with the accommodation or relocation of public utility and cable television facilities are calculated into the overall cost of highway projects are paid by the State. This bill would improve the process for public utility and cable television company facility accommodation and relocation and would also require public utilities and cable television companies to bear the costs for the accommodation or relocation of their facilities when a contracting entity is undertaking any infrastructure project. This bill establishes a framework in which contracting entities, and public utilities and cable television companies have delineated rights and responsibilities during an infrastructure project. A contracting entity is required to do the following:· Prepare a written draft infrastructure project work plan and construction schedule for any proposed infrastructure project within its jurisdiction to include a description of the infrastructure project and certain other relevant information about the project and provide notice of it to public utilities and cable television companies.· Provide this notice to any public utility and cable television company which does business or is located within the contracting entity's jurisdiction of any impending infrastructure project within that jurisdiction during the initial planning and design phase of project and no later than 120 calendar days prior to the solicitation of bids for that infrastructure project.· Schedule and hold a coordination meeting between the contracting entity and all authorized representatives from any public utility or cable television company provided notice of the infrastructure project to establish the coordination of the infrastructure project and any public utility or cable television company facility protection or relocation work that is required for purposes of the infrastructure project.· Prepare and distribute a written final infrastructure project work plan and construction schedule for an infrastructure project within its jurisdiction.· Determine if a public utility or cable television facility, in any manner, will delay or prevent the contracting entity from proceeding in the construction and completion of the infrastructure project, and notify the public utility or cable television company that the contracting entity has a set amount of time to relocate, remove, shift, alter, or protect, as appropriate, their facility or facilities so as not to interfere in any way with the infrastructure project.· Determine if the existing public utility or cable television facilities are of a poor and deteriorated condition such that those facilities require replacement and require that the appropriate public utility or cable television company perform this work prior to the completion of the infrastructure project contract. A noticed public utility or cable television company is responsible to do the following:· Undertake all necessary pre-engineering and field location testing, as required, to determine the precise location and extent of their facilities that exist within, and adjacent to, the project area. All costs associated with this pre-engineering are to be borne by the appropriate public utility or the cable television company.· Provide in writing, an accurate description, characteristic, and location of all of their facilities, and a written determination of every facility that will have an impact on the infrastructure project, including whether the characteristic or location of the facility will adversely impact the infrastructure project.· Determine whether it will perform all, or any, of the facility ancillary accommodation or relocation work in accordance with the final infrastructure project work plan and construction schedule. A public utility or cable television company is to be liable to a contracting entity for any impact costs incurred by the contracting entity as a result of the failure of the public utility or cable television company to complete the ancillary accommodation work in accordance with the infrastructure project work plan and construction schedule.· Reimburse a contracting entity for any impact costs associated with ancillary accommodation work when it is determined that, due to circumstances beyond the control of that public utility or cable television company, it cannot eliminate a portion, or all, of the ancillary accommodation work within, or adjacent to, the project area, and that the contracting entity will be required to perform a portion, or all, of the ancillary accommodation work. A violation of this bill's provisions is an unlawful practice and a violation of the consumer fraud act which includes a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense.

AI Summary

Committee Categories

Yvonne Lopez (D)*, 

Introduced, Referred to Assembly Telecommunications and Utilities Committee (on 01/09/2024)

Official Document