14-016 Code Vt. R. 14-010-016-X - RULES REGARDING PAYMENT FOR CERTAIN UTILITY RELOCATIONS REQUIRED BY HIGHWAY CONSTRUCTION PROJECTS

Section 1 PURPOSE

These rules are adopted to comply with Sec. 1a of Act No. 35 of 1991, adding a new Sec. 1512 to Title 19 of the Vermont Statutes Annotated.

Their purpose is to set standards for determining when and to what extent the authority granted by Sec. 1512(a) may be exercised.

Section 2 DEFINITIONS

(a) "Environmental considerations" are requirements set forth in any applicable permit or approval issued by a federal and/or state agency, board or commission responsible for the protection of scenic, natural or historical resources.

(b) "Non-discriminating local ordinances" are municipal regulations that apply to similar development or construction, whether undertaken by an individual, a governmental body, or the municipality itself.

(c) "Relocation" means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. "Normal relocation" means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy, or sequence of highway construction or maintenance.

(d) "Safety considerations" are requirements set forth in any applicable permit or approval issued by a federal and/or state agency, board or commission responsible for highway and traffic safety.

(e) "Utility" means a privately, publicly, or cooperatively owned line, facility or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. The term "utility" shall also mean the utility company inclusive of any wholly owned or controlled subsidiary.

Section 3 APPLICABILITY

(a) These rules shall apply to and allow reimbursement for eligible costs incurred pursuant to any contract executed for highway projects undertaken in the State of Vermont under Vermont Statutes Annotated, Title 19, Chapter 15, on or after May 18, 1991, the effective date of Act No. 35 of 1991.

(b) These rules only apply to "utilities," as defined in Sec. 2(e), above.

(c) Unless the context clearly indicates otherwise, these rules shall be applied in conjunction with regulations of the Unites States Department of Transportation, Federal Highway Administration, as set forth in the Code of Federal Regulations, Title 23, Part 645 (Utilities).

Section 4 ELIGIBILITY

(a) Adjustment of utility facilities shall be eligible for reimbursement under Vermont Statutes Annotated, Title 19, Section 1512 when the required design and installation of utility facilities exceed normal relocation requirements as the result of the highway project's need to address environmental considerations, non-discriminating local ordinances, safety considerations and/or Vermont Agency of Transportation (VAOT) requirements.

(b) Adjustment of utility facilities shall continue to be eligible for reimbursement under existing law when:

(i) Relocation is required by construction or reconstruction of limited access facilities; or

(ii) Affected utility facilities are located on private property and the utility holds a fee or non-terminable easement in its existing location; or

(iii) Affected municipal utility facilities are located within the municipal highway right-of-way and the municipal entity holds the right-of-way in fee.

Section 5 REIMBURSEMENT

(a) Except as provided by Sec. 4 of this rule, normal relocation required by highway maintenance operations or highway construction projects is not eligible for reimbursement.

(b) Where the eligibility criteria set forth in Sec. 4, above, are met, only the differential cost over and above normal relocation cost will be eligible for reimbursement, using the same federal/state/local matching ratio as set forth for other project costs.

(c) Oversize or other than normal relocation installations undertaken for the sole benefit of the utility will be considered as betterments and will not qualify for reimbursement.

Notes

14-016 Code Vt. R. 14-010-016-X

Statutory Authority: 19 V.S.A. C. 15, § 1512