ARIZONA STATE SENATE
Phoenix, Arizona
ADOT; utility damage
agreements
Allows the Arizona
Department of Transportation (ADOT) to enter into a contract or agreement for
the purpose of compensating a utility for facility damages in the event that a
change or relocation of a utility is necessary and its relocation or change
requires an increase in maintenance costs.
Current statute allows ADOT
to enter into contracts for construction that may be extended beyond the fiscal
year and for the purpose of right-of-way acquisitions. H.B. 2057 allows ADOT to enter into a
contract with a utility company for additional maintenance costs required when
a utility must relocate its facilities as a result of a highway project.
ADOT and the Salt River
Project have long had agreements to require ADOT to compensate the utility for
its increased costs when ADOT requests that a facility be relocated in
connection with a highway project. ADOT
has received a legal opinion that the statutes need to be amended to codify
this practice in statute.
There is no anticipated
fiscal impact to the state general fund associated with this legislation.
1. Allows ADOT to enter into a contract or agreement to compensate a utility company if construction of a transportation facility results in the utility company incurring an increase in cost of maintenance, repair or replacement of the facilities due to changes in configuration or location of the utility’s facilities.
2. States that this requirement applies to all contracts or agreements in effect on the effective date of this legislation.
3. Contains definitions.
4. Provides for a general effective date.
Amendments
Adopted by Transportation Committee
Defines "utility" to include the owner of the facility and any person that is responsible for cost of maintenance, repair, or replacement of the facility.
TRANS 1/22/01 DP 9-0-0-1
3rd Read 1/30/01 DP 58-0-2-0
Prepared by Senate Staff
March 15, 2001