First Regular Session
Sixty-second General Assembly
LLS NO. 99-0534.01 Julie Hoerner HOUSE BILL 99-1287
STATE OF COLORADO
BY REPRESENTATIVE Young;
also SENATOR Musgrave.
REENGROSSED TRANSPORTATION & ENERGY
A BILL FOR AN ACT
101 CONCERNING PAYMENT OF RELOCATION COSTS OF UTILITY FACILITIES BY
102 THE DEPARTMENT OF TRANSPORTATION TO UTILITY FACILITY USERS
103 FOR FEDERAL-AID HIGHWAY PROJECTS WHEN
FEDERAL
104 REIMBURSEMENT IS AVAILABLE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the department of transportation to pay for relocation of
utility facilities for federal-aid highway projects when federal
reimbursement is available. Incorporates federal definitions into
Colorado law for consistency. Authorizes payment of federal
reimbursement to the department of transportation when a utility facility
is relocated.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 2 of article 1 of title 43, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 43-1-227. Payment of utility relocation costs when federal
6 reimbursement is available. (1) WHENEVER THE DEPARTMENT
7 REQUIRES RELOCATION OF UTILITY FACILITIES FOR FEDERAL-AID HIGHWAY
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 TRANSPORTATION [PROJECTS PURSUANT TO SECTION 43-1-208 OR 43-1-225,]
2 THE DEPARTMENT SHALL PAY THE COSTS OF RELOCATION FOR LESSEES [AND
3 LICENSEES] OF THE UTILITY FACILITY WHERE PROPORTIONATE
4 REIMBURSEMENT OF SUCH COSTS CAN BE OBTAINED FROM THE FEDERAL
5 GOVERNMENT PURSUANT TO THE "FEDERAL-AID HIGHWAY ACT OF 1958",
6 AS AMENDED, 23 U.S.C. SEC. 123, AND THE REGULATIONS OF THE UNITED
7 STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY
8 ADMINISTRATION SET FORTH IN 23 CFR PART 645, SUBPART A, UTILITY
9 RELOCATIONS, ADJUSTMENTS, AND REIMBURSEMENT.
10 (2) THE FEDERAL DEFINITIONS SET FORTH IN 23 CFR 645.105 ARE
11 INCORPORATED INTO THIS SECTION AND SHALL GOVERN IN DETERMINING
12 THE APPLICABILITY OF AND ELIGIBILITY FOR PAYMENT AND
13 REIMBURSEMENT OF UTILITY RELOCATION COSTS.
14 (3) THIS SECTION SHALL CONSTITUTE THE STATE'S PAYMENT
15 AUTHORIZATION REQUIRED BY 23 CFR 645.107 (a) (2) FOR
16 REIMBURSEMENT WITH FEDERAL FUNDS FOR UTILITY RELOCATION [COSTS
17 OF LESSEES AND LICENSEES OF THE UTILITY FACILITY AS AUTHORIZED BY
18 SUBSECTION (1) OF THIS SECTION.]
19 [SECTION 2. No appropriation. The general assembly has
20 determined that this act can be implemented within existing
21 appropriations, and therefore no separate appropriation of state moneys
22 is necessary to carry out the purposes of this act.]
23 SECTION [3.] Effective [date.] This act shall take effect February
24 15, 2000, unless a referendum petition is filed during the ninety-day
25 period after final adjournment of the general assembly that is allowed for
26 submitting a referendum petition pursuant to article V, section 1 (3) of the
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1 state constitution. If such a referendum petition is filed against this act
2 or an item, section, or part of this act within such period, then the act,
3 item, section, or part, if approved by the people, shall take effect on the
4 date of the official declaration of the vote thereon by proclamation of the
5 governor.