06 LC 34
0748S
The
Senate Transportation Committee offered the following substitute to SB
431:
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 the department to
establish written procedures for implementation; 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
or
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 and the
department 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
preliminary plans for the proposed highway improvement project and the
utilitýs
submission to the department of written confirmation acknowledging receipt of
the plans;
(2)
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; provided, however, the time
specified by the department shall not be sooner than 30 days and shall not be
greater than 120 days; and
(3)
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.
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 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 documented 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 utility owner shall be liable to the
contractor for all delay costs incurred by the contractor and approved by the
department 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."
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.