(a) An adverse utility decision occurs if a utility:(1) Denies an operator's application for utility service;(2) Refuses to provide or coordinate utility service necessary for the construction, operation, or maintenance of a transit project;(3) Refuses to relocate, protect, adjust, or coordinate existing utility systems, facilities, or infrastructure that conflict with construction of a transit project;(4) Determines that construction would cross or otherwise affect a subsurface right-of-way or other property interest held by the utility and prohibits or refuses to allow construction within or around such right-of-way or property interest; or(5) Requires payment of costs, other than actual costs, as defined in § 65-13-502(c), as a condition of providing utility service or coordinating the relocation, protection, adjustment, or reconstruction of a utility's systems, facilities, or infrastructure.
(1) Denies an operator's application for utility service;
(2) Refuses to provide or coordinate utility service necessary for the construction, operation, or maintenance of a transit project;
(3) Refuses to relocate, protect, adjust, or coordinate existing utility systems, facilities, or infrastructure that conflict with construction of a transit project;
(4) Determines that construction would cross or otherwise affect a subsurface right-of-way or other property interest held by the utility and prohibits or refuses to allow construction within or around such right-of-way or property interest; or
(5) Requires payment of costs, other than actual costs, as defined in § 65-13-502(c), as a condition of providing utility service or coordinating the relocation, protection, adjustment, or reconstruction of a utility's systems, facilities, or infrastructure.
(b) A utility shall provide written notice of an adverse utility decision to the operator and to the authority no later than ten (10) business days after receiving an application or request from an operator for utility service or other approval, accommodation, or variance.
(c) The notice required by subsection (b) must:(1) Identify the basis for the utility's decision;(2) Describe each utility system, facility, infrastructure, subsurface right-of-way, or property interest adversely affected that is known by the utility after receipt and review of the operator's application; and(3) State whether the decision prohibits construction of the transit project or requires modification of the proposed construction.
(1) Identify the basis for the utility's decision;
(2) Describe each utility system, facility, infrastructure, subsurface right-of-way, or property interest adversely affected that is known by the utility after receipt and review of the operator's application; and
(3) State whether the decision prohibits construction of the transit project or requires modification of the proposed construction.
(d) An adverse utility decision under this section is subject to appeal to the authority in accordance with this chapter.
(e) A utility shall not unreasonably withhold consent for construction within or around a subsurface right-of-way or property interest if the construction does not materially interfere with the utility's facilities.