Montana HB672: Generally revise Montana department of transportation’s utility relocation process

What the bill says

An act generally revising relocation of utilities laws; granting the department of transportation rulemaking authority to address the timeliness and accuracy of utility and nonutility relocations and installations; providing timelines; providing for a reduction in reimbursement for relocation, dismantling, and removal when a utility or nonutility facility is not relocated in a timely manner; providing limited liability to the department for removal; amending sections 60-4-402 and 60-4-403, mca; and providing a delayed effective date.

From the engrossed text:

AN ACT GENERALLY REVISING RELOCATION OF UTILITIES LAWS; GRANTING THE DEPARTMENT OF TRANSPORTATION RULEMAKING AUTHORITY TO ADDRESS THE TIMELINESS AND ACCURACY OF UTILITY AND NONUTILITY RELOCATIONS AND INSTALLATIONS; PROVIDING TIMELINES; PROVIDING FOR A REDUCTION IN REIMBURSEMENT FOR RELOCATION, DISMANTLING, AND REMOVAL WHEN A UTILITY OR NONUTILITY FACILITY IS NOT RELOCATED IN A TIMELY MANNER; PROVIDING LIMITED LIABILITY TO THE DEPARTMENT FOR REMOVAL; AMENDING SECTIONS 60-4-402 AND 60-4-403, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE. Section 1. Section 60-4-402, MCA, is amended to read: "60-4-402. Occupancy and relocation of utility facilities -- rules. (1) The department shall adopt reasonable rules governing right-of-way occupancy by a utility for the following: (a) installation, construction, maintenance, repair, or system upgrade of all utilities on commissiondesignated highway systems or state highways; (b) except as provided in 60-4-403(2) and (3), reimbursement to a utility for the costs of installation, construction, maintenance, repair, renewal, or relocation of facilities; and (c) issuance of an occupancy permit or, in the case of a facility not within the scope of Title 60, chapter 4, part 4, an encroachment permit. (2) The rules must provide for right-of-way occupancy and relocation of publicly owned water and sewer facilities. The rules must ensure that the nonhighway use of the right-of-way does not affect the department's ability to maintain and operate the highway in …

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