Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
\ SECTION 1. Article 5, Chapter 5, Title 57 of the 1976 Code is amended by adding:
"Section 57-5-880.
(A) For the purposes of this
section:
(1)
'Betterment' means any upgrade to a facility being
relocated that is made solely for the benefit of the public
water system and is not attributable to the improvement,
construction, reconstruction, or alteration of roads, streets,
or highways undertaken by the transportation improvement
project.
(2)
'Costs related to relocating water and sewer lines' means
the amount attributable to the relocation, less the amount of
any betterment made to the system. Costs related to relocating
water and sewer lines include, but are not limited to,
right-of-way acquisition to accommodate the relocated utility
when in the best interests of the transportation improvement
project, design, engineering, permitting, removal, installation,
inspection, materials, and labor costs.
(3)(a)
'Large public water utility' means a public water utility
that does not meet the definition of a small public water
utility.
(b)
'Large public sewer utility' means a public sewer utility
that does not meet the definition of a small public sewer
utility.
(4)
'Public highway system' means:
(a)
the state highway system as defined in Section
57-5-10;
(b)
roads, streets, and highways under the jurisdiction of a
county or municipality; and
(c)
bridges, tunnels, overpasses, underpasses, interchanges,
and other similar facilities located throughout the State.
(5)
'Public water system' has the same meaning as in Section
44-55-20(13).
(6)
'Public sewer system' means a sewer system that provides
sewer services to the public that is publicly owned or owned by
a private, not for profit entity.
(7)
'Relocating' or 'relocated' means the adjustment
necessitated by a transportation improvement project of a public
water system or public sewer system facility by removing and
reinstalling the facility; a move, rearrangement, or change of
the type of existing facilities; necessary safety and protective
measures; and the construction of a replacement facility that is
both functionally equivalent to, but not including any
betterment of, the existing facility and necessary for
continuous operation of the system's service.
(8)(a)
'Small public water utility' means a public water utility
that has ten thousand or fewer water taps and serves a
population of thirty thousand or less.
(b)
'Small public sewer utility' means a public sewer utility
that has ten thousand or fewer sewer connections and serves a
population of thirty thousand or less.
(9)
'Transportation improvement project' or 'project' means a
permanent improvement, construction, reconstruction, or
alteration to the public highway system undertaken by a state or
local government entity, or a political subdivision, but does
not include a repair made necessary by a public water or sewer
facility.
(B)(1) An entity
undertaking a transportation improvement project must bear the
costs, according to the schedule prescribed in subsections (C)
and (D), related to relocating water and sewer lines:
(a)
that are maintained and operated by a public water system
or a public sewer system and are located within the
rights-of-way for a transportation improvement project; and
(b)
that must be relocated to undertake the project.
(2)
To be eligible for payment of the relocation costs, the
relocation must be placed under the control of the general
contractor for the transportation improvement project, unless
the public water or public sewer system opts out of placing the
relocation under the control of the general contractor according
to subsection (F).
(3)
To be eligible for payment of the relocation, the public
water or public sewer utility must meet the bidding and
construction schedule established by the entity undertaking the
transportation improvement project, such as design conferences
and submittal of all relocation drawings and bid documents.
Failure to meet the schedule requirements shall result in the
utility having to bear all relocation costs, except when the
delay is due to an act of God.
(C) For a small public
water utility or a small public sewer utility, the
transportation improvement project shall bear all of the
relocation costs, including design costs. In determining whether
a public utility offering water or sewer services qualifies as a
'small' utility, the number of water taps and sewer connections
shall be counted separately and shall not be combined.
(D) Subject to
subsection (E) below, for a large public water utility or a
large public sewer utility, the transportation improvement
project shall bear all of the relocation costs, including design
costs, up to four percent of the original construction bid
amount of the transportation improvement project. Should more
than one large public water utility or large public sewer
utility be required to relocate by a single transportation
improvement project, the total cost share of up to four percent
under this section shall be divided pro rata among the large
public water or public sewer utilities required to relocated
under the project.
(E) For a
transportation improvement project that impacts both a large
public utility and a small public utility, the entity
undertaking the transportation improvement must pay all of the
small public utility's relocation costs, without limitation. The
entity must also pay up to four and one-half percent, minus the
costs of the small public utility's relocation costs, of the
original construction bid amount of the transportation
improvement project toward the large public entity's relocation
costs. Illustration: for a $1 million transportation project
where a small water utility faces $22,000 in relocation costs
and a large sewer utility faces $50,000 in relocation costs, the
small utility would receive its full $22,000 in relocation costs
and the large utility would receive 4.5% of the project costs
($45,000) less the small utility reimbursement costs ($22,000) =
$23,000 toward its relocation costs.
(F) A large public
water utility or a large public sewer utility may choose not to
have the relocation placed under the control of the general
contractor, provided that a memorandum of agreement outlining
meeting requirements and other milestones that the public
utility must meet is agreed upon by the entity undertaking the
transportation improvement project, the general contractor, and
the public utility. A decision by the large public water utility
or large public sewer utility to not have the relocations placed
under the control of the general contractor must be communicated
in writing to the entity undertaking the transportation
improvement project prior to the initiation of preliminary
engineering for the project. Failure to meet the memorandum of
agreement requirements and schedule shall result in the utility
having to bear all relocation costs.
(G) Nothing herein
shall prohibit or limit the payment by the transportation
improvement project for the relocation of public water or public
sewer lines necessary for the transportation improvement project
when the public utility has a prior right to situate the water
or sewer lines in their present location."
SECTION 2. This act shall apply to all transportation improvement projects that have not had funds authorized for preliminary engineering by the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor. \
Renumber sections to conform.
Amend title to conform.