Section 10. Section 2005 of the act is amended by adding a clause to read:
Section 2005. General Road Improvement.--The Department of Transportation shall have the power, and its duty shall be:
* * *
(g) To take responsibility for bringing all manhole covers, drains and other surface devices up to the grade level or other appropriate level at the time any State highway is reconstructed, repaired or resurfaced.
(1) The department shall give advance notice of the project to the utility owner and offer the owner the opportunity to undertake the improvements required under this clause. Such advance notice shall be commensurate with the nature and scope of the improvements to be performed by the utility owner within such time as may be determined by the department.
(2) If the owner does not make the improvements within such time as may be determined by the department, the department may perform or cause to be performed the work as required under such terms as may be acceptable to the department. In construing the provisions of this section, time shall be deemed to be of the essence. Costs incurred may be charged to the owner if the owner is not entitled to reimbursement under section 412 or 412.1 of the act of June 1, 1945 (P.L.1242, No.428), known as the "State Highway Law."
(3) If the owner is a municipality, the department may deduct the costs from any liquid fuel tax payments which shall become due the municipality, but only after notice to the municipality of the amount of the costs and a request for the payment of same.
(4) If the owner is a municipal authority, the department shall have the authority not to issue the municipal authority any highway occupancy permit if the costs incurred by the department for performing the work remain unpaid.
(5)(i) Nothing in this subsection shall be construed to impair, suspend, contract, enlarge, extend or affect in any manner the powers and duties of the Pennsylvania Public Utility Commission as provided in 66 Pa.C.S. §§ 2702 (relating to construction, relocation, suspension and abolition of crossings), 2703 (relating to ejectment in crossing cases) and 2704 (relating to compensation for damages occasioned by construction, relocation or abolition of crossings).
(ii) For purposes of this clause, the term "utility owner" or "owner" shall not include any utility regulated by the Pennsylvania Public Utility Commission.