All Roll Calls
Yes: 125 • No: 0
ArkansasSB4922025 Regular SessionSenate
TO AMEND THE LAW CONCERNING THE RELOCATION OF UTILITY FACILITIES; AND TO AMEND THE LAW CONCERNING THE ACQUISITION, CONDEMNATION, AND DISPOSITION OF REAL PROPERTY BY THE STATE HIGHWAY COMMISSION.
Sponsored By: Joshua Bryant (Republican), Robin Lundstrum (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 1 costs, 2 mixed.
Small utilities get relocation cost help
The Arkansas Department of Transportation must establish grants and loans for small utilities facing relocation costs that are not reimbursable. Collected relocation penalties go into the State Highway and Transportation Department Fund to support this program. The law sets no award amount or fixed funding amount.
Utilities get a reimbursement payment deadline
Utilities can submit a complete invoice after finishing relocation work. The invoice must include all costs and expenses. The Arkansas Department of Transportation must pay eligible reimbursement within 90 days after receiving the complete invoice. Reimbursement follows the utility accommodation rules; the law does not make every relocation cost reimbursable.
Utilities face $500 daily relocation penalties
Nonmunicipal utilities face $500 per business day for failing to respond, negotiate, or follow a relocation agreement. The department must give notice and allow 30 days to comply before assessing penalties. Municipal utility systems are exempt. Penalties do not apply to documented events beyond a utility’s reasonable control or right-of-way delays despite good-faith acquisition efforts. They also exclude excavation-damage delays involving missing required notice or improper facility marking, and missed interim schedules when final deadlines are met. Utilities receive written penalty notice and an appeal opportunity under state rules and administrative law. The department can deduct assessed penalties from final reimbursement or pursue collection if unpaid 90 days after its order.
Municipal utilities face relocation cost recovery
After written notice, Arkansas transportation officials can perform or contract relocation work when municipal utilities fail to follow relocation requirements. Municipal utilities can also agree to this process, but events beyond their reasonable control that prevent timely completion block forced intervention. Within 10 days of notice, utilities can submit lists of at least three approved engineers and three approved contractors. The department must use those lists and require compliance with design specifications submitted within the same 10 days. Contracts must name the utility as beneficiary; participating utilities can inspect work, including underground facilities before burial, and pursue claims against nondepartment parties. Municipal utilities have 90 days after receiving an invoice to pay undisputed costs not covered by reimbursement and start resolving disputed amounts. Failure to pay or follow dispute procedures allows collection from department-administered municipal funds, including turnback and state aid street funds.
Utilities face new relocation planning rules
Arkansas transportation officials and affected utilities must coordinate moves needed for public transportation projects, including roads, trails, and bicycle facilities. The department must provide project plans, right-of-way needs and timing, and a reasonable deadline for proposals. Coordination requires a meeting, utility locating at Subsurface Utility Engineering Quality Level C or better, and a written decision report. Signed written proposals must state the work plan, schedule, start and finish deadlines, cost estimates, and expected reimbursement. Utilities must follow agreed schedules and report progress every two months after receiving notice to proceed, which follows the signed agreement. Documented events beyond a utility’s reasonable control allow written changes to costs and deadlines, with both parties’ approval. The department must adopt rules to carry out these requirements.
Sponsors & Cosponsors
Sponsors
Joshua Bryant
Republican • Senate
Robin Lundstrum
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/9/2025
House Vote - Wednesday, April 9, 2025 7:32:33 PM
Yes: 92 • No: 0
Senate vote • 4/7/2025
Senate Vote - Monday, April 7, 2025 5:01:49 PM
Yes: 33 • No: 0 • Other: 1
Actions Timeline
Notification that SB492 is now Act 699
4/18/2025SenateDELIVERED TO GOVERNOR.
4/10/2025SenateReported correctly enrolled and ordered delivered to the Governor.
4/10/2025SenateORDERED ENROLLED
4/9/2025SenateReturned from the House as passed.
4/9/2025SenateReturned to the Senate as passed.
4/9/2025HouseRead the third time and passed and ordered transmitted to the Senate.
4/9/2025HouseReturned by the Committee Do Pass
4/8/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on PUBLIC TRANSPORTATION- HOUSE
4/7/2025HouseRECEIVED FROM THE SENATE
4/7/2025HouseOrdered immediately transmitted to the House.
4/7/2025SenateRead the third time and passed.
4/7/2025SenateRules suspended.
4/7/2025SenateREPORTED CORRECTLY ENGROSSED
4/7/2025SenateAmendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
4/7/2025SenatePlaced on second reading for purpose of amendment.
4/7/2025SenateReturned by the Committee with the recommendation that it Do Pass as amended, Amendment # 1
4/2/2025SenateRead first time, rules suspended, read second time, referred to TRANSPORTATION, TECHNOLOGY & LEGISLATIVE AFFAIRS - SENATE
3/17/2025SenateFiled
3/17/2025Senate
Bill Text
SB492 - Introduced
3/17/2025
Act Version
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