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Engrossed Senate Bill (H)

DIGEST

Utility relocation for road projects. Codifies Indiana department of transportation (INDOT) rules prescribing the administrative process for the relocation of a utility's facilities for a road construction contract. Provides that if a utility authorizes an INDOT contractor to perform required utility relocation work as part of a road improvement project, INDOT shall indemnify the utility for any: (1) damage to the property or facilities of the utility or the utility's customers; (2) loss of utility service to the utility's customers; or (3) interruption of service to the utility's customers; caused by the INDOT contractor's work. Provides that if a utility Utility relocation for road projects. Codifies Indiana department of transportation (INDOT) rules prescribing the administrative process for the relocation of a utility's facilities for a road construction contract. Provides that if a utility authorizes an INDOT contractor to perform required utility relocation work as part of a road improvement project, INDOT shall indemnify the utility for any: (1) damage to the property or facilities of the utility or the utility's customers; (2) loss of utility service to the utility's customers; or (3) interruption of service to the utility's customers; caused by the INDOT contractor's work. Provides that if a utility does not perform the utility's relocation duties imposed by a final work plan within the time set forth in the final work plan, INDOT may: (1) relocate, or cause the relocation of, the utility's facilities; or (2) file a complaint in court for an emergency order to compel the utility to relocate the facilities. Provides that if INDOT relocates, or causes the relocation of the facilities, INDOT: (1) may recover from the utility the costs of the relocation; and (2) shall indemnify the utility for any: (A) damage to the property or facilities of the utility or the utility's customers; (B) loss of utility service to the utility's customers; or (C) interruption of service to the utility's customers; caused by INDOT's or an INDOT's contractor's relocation of the facilities. Provides that if INDOT prevails in a court action to compel a utility to relocate the utility's facilities or customer service facilities, the court shall order the utility to: (1) reimburse INDOT for INDOT's reasonable litigation expenses, including court costs and reasonable attorney's fees; and (2) pay to INDOT a civil penalty of not less than $20,000. Provides that if a utility prevails in a court action to compel the utility to relocate the utility's facilities or customer service facilities, the court shall order INDOT to pay: (1) the costs of any relocation of the utility's facilities in connection with the project; and (2) the reasonable litigation expenses, including court costs and reasonable attorney's fees, incurred by the utility. Provides that these same procedures apply with respect to the relocation of utility customer service facilities in connection with construction projects involving the state highway system. Provides that if a county executive determines that the location of a utility's facilities will interfere with a planned road, highway, or bridge project under the jurisdiction of the county: (1) the county executive may order the utility to relocate the utility's facilities in accordance with the procedures used by INDOT for projects involving the state highway system; and (2) if the county executive elects to use those procedures: (A) the county executive has all of the authority granted to, and the obligations of, INDOT under that statute, to the extent applicable; and (B) the utility has all of the obligations and rights of a utility under that statute, to the extent applicable. ... View more