Relocation of utility facility — Rules

Ark. Code Ann. § 27-67-326 — under State Highway System.

Ark. Code Ann. § 27-67-326

(a) (1) Utility accommodation rules adopted by the State Highway Commission concerning relocation under § 27-67-325 shall include without limitation the relocation coordination process between the Arkansas Department of Transportation and a utility.(2) Rules concerning the relocation coordination process between the department and a utility shall include without limitation that:(A) The department shall schedule a meeting with the owner of the utility facility at a time mutually convenient for both parties; and(B) Before a meeting under subdivision (a)(2)(A) of this section, the department shall provide the owner of the utility facility with plans for a proposed relocation.(3) The plans for a proposed relocation under subdivision (a)(2)(B) of this section shall:(A) Clearly indicate:(i) All identified existing utilities affected by the relocation; and(ii) The right-of-way the department intends to acquire for the relocation; and(B) Use criteria that satisfy Subsurface Utility Engineering Quality Level C or better.(4) During a meeting under subdivision (a)(2)(A) of this section, the department and the owner of the utility facility shall:(A) Identify the scope of utility facilities that will be subject to relocation;(B) Discuss:(i) Proposed arrangements for the relocation, including any right-of-way provided by the department for relocation;(ii) The expected cost of the relocation; and(iii) A deadline by which the owner of the utility facility shall submit a relocation proposal to the department; and(C) Agree upon the number of days required for the relocation.(5) (A) The department shall provide the utility with a written report summarizing the decisions made and agreements reached during the meeting held under subdivision (a)(2)(A) of this section.(B) The report provided under subdivision (a)(5)(A) of this section shall serve as the basis for the relocation proposal.

(1) Utility accommodation rules adopted by the State Highway Commission concerning relocation under § 27-67-325 shall include without limitation the relocation coordination process between the Arkansas Department of Transportation and a utility.

(2) Rules concerning the relocation coordination process between the department and a utility shall include without limitation that:(A) The department shall schedule a meeting with the owner of the utility facility at a time mutually convenient for both parties; and(B) Before a meeting under subdivision (a)(2)(A) of this section, the department shall provide the owner of the utility facility with plans for a proposed relocation.

(A) The department shall schedule a meeting with the owner of the utility facility at a time mutually convenient for both parties; and

(B) Before a meeting under subdivision (a)(2)(A) of this section, the department shall provide the owner of the utility facility with plans for a proposed relocation.

(3) The plans for a proposed relocation under subdivision (a)(2)(B) of this section shall:(A) Clearly indicate:(i) All identified existing utilities affected by the relocation; and(ii) The right-of-way the department intends to acquire for the relocation; and(B) Use criteria that satisfy Subsurface Utility Engineering Quality Level C or better.

(A) Clearly indicate:(i) All identified existing utilities affected by the relocation; and(ii) The right-of-way the department intends to acquire for the relocation; and

(i) All identified existing utilities affected by the relocation; and

(ii) The right-of-way the department intends to acquire for the relocation; and

(B) Use criteria that satisfy Subsurface Utility Engineering Quality Level C or better.

(4) During a meeting under subdivision (a)(2)(A) of this section, the department and the owner of the utility facility shall:(A) Identify the scope of utility facilities that will be subject to relocation;(B) Discuss:(i) Proposed arrangements for the relocation, including any right-of-way provided by the department for relocation;(ii) The expected cost of the relocation; and(iii) A deadline by which the owner of the utility facility shall submit a relocation proposal to the department; and(C) Agree upon the number of days required for the relocation.

(A) Identify the scope of utility facilities that will be subject to relocation;

(B) Discuss:(i) Proposed arrangements for the relocation, including any right-of-way provided by the department for relocation;(ii) The expected cost of the relocation; and(iii) A deadline by which the owner of the utility facility shall submit a relocation proposal to the department; and

(i) Proposed arrangements for the relocation, including any right-of-way provided by the department for relocation;

(ii) The expected cost of the relocation; and

(iii) A deadline by which the owner of the utility facility shall submit a relocation proposal to the department; and

(C) Agree upon the number of days required for the relocation.

(5) (A) The department shall provide the utility with a written report summarizing the decisions made and agreements reached during the meeting held under subdivision (a)(2)(A) of this section.(B) The report provided under subdivision (a)(5)(A) of this section shall serve as the basis for the relocation proposal.

(A) The department shall provide the utility with a written report summarizing the decisions made and agreements reached during the meeting held under subdivision (a)(2)(A) of this section.

(B) The report provided under subdivision (a)(5)(A) of this section shall serve as the basis for the relocation proposal.

(b) (1) The rules promulgated by the department concerning a relocation under § 27-67-325 shall include without limitation:(A) The process for the creation of a relocation proposal and relocation agreement; and(B) The procedure for the reimbursement of the costs of a relocation.(2) The rules for a relocation proposal shall include without limitation that a relocation proposal:(A) Be provided to each party in written form;(B) Be signed by the authorized representatives of the department and the utility; and(C) Include:(i) The plan for the relocation;(ii) The schedule for the utility to complete the relocation;(iii) A cost estimate for the relocation;(iv) Deadlines for the commencement and completion of the relocation; and(v) The estimated cost of reimbursement by the department for the relocation.(3) (A) The rules for a relocation agreement shall include that a relocation agreement may be modified if:(i) An extraordinary event occurs; and(ii) Either party requests a modification to the relocation agreement.(B) The modification of a relocation agreement shall:(i) Be documented in writing;(ii) Include updated timelines, costs, or other relevant terms; and(iii) Be approved by both parties.(4) Rules for the reimbursement of the costs for a relocation shall include without limitation that the:(A) Utility owner may submit an invoice for the reimbursement of costs to the department upon completion of the relocation;(B) Invoice for the reimbursement of costs for the relocation shall reflect all costs and expenses incurred by the utility for the relocation; and(C) Department shall pay a complete invoice submitted under subdivision (b)(4)(A) of this section within ninety (90) days of receipt of the complete invoice by the department.

(1) The rules promulgated by the department concerning a relocation under § 27-67-325 shall include without limitation:(A) The process for the creation of a relocation proposal and relocation agreement; and(B) The procedure for the reimbursement of the costs of a relocation.

(A) The process for the creation of a relocation proposal and relocation agreement; and

(B) The procedure for the reimbursement of the costs of a relocation.

(2) The rules for a relocation proposal shall include without limitation that a relocation proposal:(A) Be provided to each party in written form;(B) Be signed by the authorized representatives of the department and the utility; and(C) Include:(i) The plan for the relocation;(ii) The schedule for the utility to complete the relocation;(iii) A cost estimate for the relocation;(iv) Deadlines for the commencement and completion of the relocation; and(v) The estimated cost of reimbursement by the department for the relocation.

(A) Be provided to each party in written form;

(B) Be signed by the authorized representatives of the department and the utility; and

(C) Include:(i) The plan for the relocation;(ii) The schedule for the utility to complete the relocation;(iii) A cost estimate for the relocation;(iv) Deadlines for the commencement and completion of the relocation; and(v) The estimated cost of reimbursement by the department for the relocation.

(i) The plan for the relocation;

(ii) The schedule for the utility to complete the relocation;

(iii) A cost estimate for the relocation;

(iv) Deadlines for the commencement and completion of the relocation; and

(v) The estimated cost of reimbursement by the department for the relocation.

(3) (A) The rules for a relocation agreement shall include that a relocation agreement may be modified if:(i) An extraordinary event occurs; and(ii) Either party requests a modification to the relocation agreement.(B) The modification of a relocation agreement shall:(i) Be documented in writing;(ii) Include updated timelines, costs, or other relevant terms; and(iii) Be approved by both parties.

(A) The rules for a relocation agreement shall include that a relocation agreement may be modified if:(i) An extraordinary event occurs; and(ii) Either party requests a modification to the relocation agreement.

(i) An extraordinary event occurs; and

(ii) Either party requests a modification to the relocation agreement.

(B) The modification of a relocation agreement shall:(i) Be documented in writing;(ii) Include updated timelines, costs, or other relevant terms; and(iii) Be approved by both parties.

(i) Be documented in writing;

(ii) Include updated timelines, costs, or other relevant terms; and

(iii) Be approved by both parties.

(4) Rules for the reimbursement of the costs for a relocation shall include without limitation that the:(A) Utility owner may submit an invoice for the reimbursement of costs to the department upon completion of the relocation;(B) Invoice for the reimbursement of costs for the relocation shall reflect all costs and expenses incurred by the utility for the relocation; and(C) Department shall pay a complete invoice submitted under subdivision (b)(4)(A) of this section within ninety (90) days of receipt of the complete invoice by the department.

(A) Utility owner may submit an invoice for the reimbursement of costs to the department upon completion of the relocation;

(B) Invoice for the reimbursement of costs for the relocation shall reflect all costs and expenses incurred by the utility for the relocation; and

(C) Department shall pay a complete invoice submitted under subdivision (b)(4)(A) of this section within ninety (90) days of receipt of the complete invoice by the department.