AMENDMENT FOR PRINTED BILL
1121ta

___________________ moved that HB 1121 be amended as follows:


     On the printed bill, delete everything after the enacting clause and insert:

     "
     Section 1. That § 31-26-23 be amended to read as follows:

     31-26-23.   When any highway along, under, or over which such facilities have been constructed shall be changed, the permit holder shall, upon ninety days' notice in writing, remove or relocate such facilities at its own cost. If any highway or public entity infrastructure is constructed or changed within the public right-of-way, the public entity or its representative shall notify any affected utility that has electrical lines, communications lines, or pipelines and allow the affected utility to participate in a coordination meeting during the planning or design phase of the project, except as provided in this section. The coordination meeting shall allow the affected utility to review the project scope or design and understand goals and objectives of the proposed project. The meeting shall allow the public entity and affected utility to discuss options to minimize construction delays, limit the impact of the construction on utility facilities, and to minimize or eliminate costs associated with any utility removal or relocation. Such options may not cause the public entity to incur additional costs unless an agreement is reached to have the affected utility pay for the additional costs incurred by the public entity.

     If the public entity determines that coordination meetings will not be held due to the project scope and size, the public entity shall notify any affected utility and allow the affected utility thirty days to submit written comments on the project.

     After the development meetings or after the written comment period, the permit holder shall, upon ninety days notice in writing, remove or relocate the facilities at its own cost unless other arrangements have been mutually agreed upon. If winter weather conditions make removal or relocation impractical, the accrual of time within the ninety-day notification period shall be suspended until conditions make removal or relocation practical. If a utility's facility is discovered during construction that was not identified by the utility during the planning or design phase, the ninety-day notice is not required and the utility shall coordinate with the public entity to remove or relocate the facility as soon as practically possible for the project. "