06 LC 34
0511
Senate
Bill 431
By:
Senators Whitehead, Sr. of the 24th, Stephens of the 27th, Williams of the 19th,
Pearson of the 51st, Heath of the 31st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 6 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to the authority of the Department of Transportation
to order the removal and relocation of utility facilities occupying any part of
the public road system, so as to provide that a utility that fails to remove or
relocate a facility in a timely manner shall be responsible to the department
and its contractors for failure to comply; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia
Annotated, relating to the authority of the Department of Transportation to
order the removal and relocation of utility facilities occupying any part of the
public road system, is amended by striking Code Section 32-6-171 in its entirety
and inserting in its place the following:
∀32-6-171.
(a)
Any utility using or occupying any part of a public road which the department
has undertaken to improve or intends to improve shall
remove,
and
relocate, or
make the necessary adjustments to its
facility when, in the reasonable opinion of the department, the facility
constitutes an obstruction or interference with the use or safe operation of
such road by the traveling public or when, in the reasonable opinion of the
department, the facility will interfere with such contemplated construction or
maintenance.
(b)
Whenever the department reasonably determines it necessary to have a utility
facility
removed,
and
relocated, or
adjusted, the department shall give to the
utility at least 60
dayś
written notice directing
it to
begin the
physical
removal,
and
relocation, or
adjustment of such utility obstruction
or
interference.
If such notice
is part of a highway improvement project, it is normally provided at the date of
advertisement or award. However, prior to the notice directing the physical
removal, relocation, or adjustment of a utility facility, the utility shall
adhere to the
department́s
utility relocation procedures for public road improvements which shall include
but not be limited to the following:
(1)
The submission by the department to the utility of a letter and set of plans for
the proposed highway improvement project;
(2)
The
utilitýs
submission to the department of written confirmation acknowledging receipt of
the plans and a declaration of whether or not its facilities are within the
proposed project limits and the extent to which the facilities are in conflict
with the project;
(3)
The
utilitýs
submission to the department of plans showing existing and proposed locations of
facilities within a reasonable time as specified by the department in the letter
required under paragraph (1) of this subsection;
(4)
The
utilitýs
submission shall include with the plans a work plan in a manner and time frame
established by the
department́s
written procedures and instructions. Such work plan shall specify the order and
calendar days for removal, relocation, or adjustment of the utility from or
within the project site, and any staging, property acquisition, compensable work
or other special requirements needed to complete the removal, relocation, or
adjustment. The department shall consider the work plan, including any requests
for compensation, submitted by a utility for a highway improvement project if it
is submitted within the established schedule and does not adversely affect the
letting date. The department will review the work plan to ensure compliance
with the proposed improvement plans and schedule.
If
the utility does not thereafter begin removal within
a
reasonable time sufficient to allow for engineering and other procedures
reasonably necessary to the removal and relocation of the utility
facility
the time
specified in the work plan, the department
may give the utility a final notice directing that such removal shall commence
not later than ten days from the receipt of such final notice. If such utility
does not, within ten days from receipt of such final notice, begin to remove or
relocate the facility or, having so begun removal or relocation, thereafter
fails to complete the removal or relocation within
a
reasonable time
the time
specified in the work plan, the department
may remove or relocate the same with its own employees or by employing or
contracting for the necessary engineering, labor, tools, equipment, supervision,
or other necessary services or materials and whatever else is necessary to
accomplish the removal or relocation; and the expenses of such removal or
relocation may be paid and collected as provided in Code Section 32-6-173.
If additional
utility removal, relocation, or adjustment work is found necessary after the
letting date of the highway improvement project, the utility shall provide a
revised work plan within 30 calendar days after becoming aware of such
additional work or upon receipt of the
department́s
written notification advising of such additional work. The
utilitýs
revised work plan shall be reviewed by the department to ensure compliance with
additional work.
(c)
In addition to the foregoing, the owner of the utility shall be responsible for
and liable to the department or its contractors for damages resulting from its
failure to comply with the submitted and approved work plan. If the utility
owner fails to provide a work plan or fails to complete the removal, relocation,
or adjustment of its facilities in accordance with the work plan approved by the
department, then the owner shall be liable to the contractor for all delay costs
and liquidated damages incurred by the contractor which are caused by or which
grow out of the failure of the utility owner to carry out and complete its work
in accordance with the approved work plan or in a timely and reasonable manner
if a work plan or revised work plan was not submitted. The department may
withhold approval of permits for failure of the utility owner to comply with the
requirements of this Code
section.∀
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.