DAR File No. 37995

Transportation, Preconstruction

Section R930-7-13

Deviations

Notice of Proposed Rule

(Amendment)

DAR File No.: 37995
Filed: 09/16/2013 08:32:04 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule amendment is to allow UDOT to deviate from federal right-of-way requirements when using state money to fund a functional replacement of a utility building taken to accommodate a state highway project.

Summary of the rule or change:

This rule change will allow UDOT to reimburse a utility company for replacement of existing buildings with functionally equivalent buildings when impacted by state-funded projects. This change only affects acquisition of buildings located within property used for generating, transmitting or distributing operations, when the buildings are not part of these operations. Federal-aid highway projects will continue to follow federal regulations for acquisition of non-operating property which require the utility company to fund the difference in value if the replacement facilities cost more than the value of the existing buildings.

State statutory or constitutional authorization for this rule:

• Subsection 72-6-116(2)

Anticipated cost or savings to:

the state budget:

Increased state costs will be determined on a specific project basis. The cost will be the difference between potential reimbursement based on federal right-of-way regulations and a functional replacement of the building funded entirely by UDOT.

local governments:

There is no anticipated cost or savings to local government because the rule change only applies to state-funded UDOT projects.

small businesses:

There is no anticipated cost or savings to small businesses because the rule change only applies to state-funded UDOT projects.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule change only applies to state-funded UDOT projects.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the rule change only affects state-funded UDOT projects.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change will allow UDOT to replace existing buildings with functionally equivalent buildings at no cost to the utility company when the taking of these buildings is required by state-funded projects. Under current rule, the utility company is required to fund the difference if the replacement facilities cost more than the value of the existing buildings.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Preconstruction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2013

This rule may become effective on:

11/07/2013

Authorized by:

Carlos Braceras, Executive Director

R930. Transportation, Preconstruction.

R930-7. Utility Accommodation.

R930-7-13. Deviations.

(1) Deviations from provisions of this rule may be allowed if they do not violate state and federal statutes, law, or regulations and UDOT has determined the use of the right of way will be for the public good without compromising the transportation purposes of the right of way.

(2) Requests for deviations with limited impact may be considered by UDOT on an individual basis, upon justification submitted by the utility company.

(3) Requests for significant deviations must demonstrate extreme hardship and unusual conditions and provide justification for the deviation. Requests must demonstrate that alternative measures can be specified and implemented and still fulfill the intent of state and federal regulations. Requests for these deviations must include the following:

(a) formal request by the utility company; and

(b) an evaluation of the direct and indirect design, safety, environmental, and economic impacts associated with granting a deviation.

(4) In order for UDOT to grant a significant deviation the following approvals are necessary:

(a) formal recommendation for approval by the UDOT Region Permits Officer or the officer's supervisor;

(b) formal recommendation for approval from the UDOT Region Director;

(c) concurrence of the UDOT Statewide Utilities Engineer; and

(d) FHWA concurrence if the deviation applies to a utility facility located within a Federal-aid highway right of way.

(5) For UDOT projects that are solely state funded, UDOT may deviate from the utility relocation regulations contained in the Code of Federal Regulations by reimbursing a utility company for replacement of existing buildings with functionally equivalent buildings, if the following requirements are met:

(a) the utility company owns the property in fee that UDOT needs to acquire for its project;

(b) the utility company owns operational facilities located upon, below or above the property;

(c) the utility company owns a building on the property that provides maintenance services for the utility facility;

(d) a property purchase in accordance with 49 CFR 24 will not adequately compensate the utility company's costs to relocate and functionally re-establish the maintenance facility; and

(e) the deviation promotes the public interest.

 

KEY: right-of-way, utilities, utility accommodation

Date of Enactment or Last Substantive Amendment: [October 10, 2012]2013

Authorizing, and Implemented or Interpreted Law: 72-6-116(2)