Read the full stored bill text
SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2155
103RD GENERAL ASSEMBL Y
5256H.03C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 67.2707, 71.340, 226.220, 227.558, 227.559, and 229.360, RSMo, and to
enact in lieu thereof eight new sections relating to reimbursement of costs associated
with utility facility relocation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 67.2707, 71.340, 226.220, 227.558, 227.559, and 229.360,
2 RSMo, are repealed and eight new sections enacted in lieu thereof, to be known as sections
3 67.1849, 67.2707, 71.340, 226.220, 226.224, 227.558, 227.559, and 229.360, to read as
4 follows:
67.1849. 1. Notwithstanding any rule, order , decision, permit, agre ement, or
2 other authorization to the contrary , a county shall not perform any road pr oject unless
3 it re imburses any non-rate-r egulated utility provi der , as defined in section 71.340, that
4 incurs labors costs for facility relo cation due to such maintenance or pro ject. A county
5 shall be authorized to pay such facility relo cation labor costs as part of the cost of the
6 r oad pro ject.
7 2. A county shall notify non-rate-r egulated utility pr oviders that have permitted
8 infrastructur e within a planned or existing public right-of-way within ninety days after
9 a r oad pro ject is added to the county project schedule that may requi re the pr ovider to
10 r elocate its infrastructure for the road project. The notification pr ovided under this
11 subsection shall include an estimated project schedule and timeline, including the
12 anticipated year of construction. W ithin ninety days after r eceipt of the notification, the
13 non-rate-r egulated utility provi der shall res pond to the county with an estimated time
14 frame and pr ojected labor cost for the relocation of the pro vider's infrastructur e. The
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
15 r esponse shall include a draft reloca tion schedule within or adjacent to the existing or
16 planned public right-of-way .
17 3. Nothing in this section shall r equir e a county to reim burse a non-rate-
18 r egulated utility pr ovider for the rem oval or rel ocation of facilities placed in the public
19 right-of-way in violation of state or local permitting requi rem ents.
20 4. As used in this section, the term "ro ad project" means any road maintenance
21 or ro ad construction pr oject.
67.2707. 1. A video service provider shall be subject to the provisions of sections
2 67.1830 to [ 67.1846 ] 67.1849 and chapter 229 and shall also be subject to the provisions of
3 section 227.240 applying to cable television companies, and to all reasonable police power-
4 based regulations of a political subdivision regarding the placement, screening, and relocation
5 of facilities, including, but not limited to:
6 (1) Requirements that the video service provider provide landscaping to screen the
7 placement of cabinets or structures from public view consistent with the location chosen;
8 (2) Requirements that the video service provider contact the nearby property owners
9 to communicate what work will be done and when;
10 (3) Requiring alternate placement of facilities, or prescribing the time, method, and
11 manner of such placement, when it is necessary to protect the public right-of-way or the
12 safety of the public, notwithstanding the provisions of sections 67.1830 to [ 67.1846 ] 67.1849 ;
13 (4) Requirements that cabinets be removed or relocated [ at the expense of the video
14 service provider ] under the pr ovisions of section 67.1849 or 71.340, as applicable, when
15 necessary to accommodate construction, improvement, or maintenance of streets [ or ] , other
16 public works, [ excluding minor ] or beautification projects.
17 2. A political subdivision may not impose the following regulations on video service
18 providers:
19 (1) Requirements that particular business of fices or portions of a video service
20 network be located in the political subdivision;
21 (2) Requirements for political subdivision approval of transfers of ownership or
22 control of the business or assets of a video service provider's business, except that a political
23 subdivision may require that such entity maintain current point-of-contact information and
24 provide notice of a transfer within a reasonable time; and
25 (3) Requirements concerning the provisioning of or quality of customer services,
26 facilities, equipment or goods in-kind for use by the political subdivision or any other video
27 service provider or public utility .
71.340. 1. The mayor and city council of any city or the chairman and board of
2 trustees of any incorporated town or village shall have the power to annually appropriate and
3 pay out of the treasury of such city or incorporated town or village a sum of money , not to
HCS HB 2155 2
4 exceed ten percent of the annual general revenue thereof, for the purpose of constructing,
5 building, repairing, working, grading or macadamizing any public road, street and highway
6 and any bridge thereon leading to and from such city or incorporated town or village; and
7 such appropriation shall be made by ordinance and the money so appropriated shall be
8 applied under the supervision and direction of the engineers of such city or incorporated town
9 or village, and of the county highway engineer of the county in which such city , town or
10 village is located, or of some competent person selected by such city , town or village and
11 approved by the county highway engineer , who shall make a report thereof, in writing, to the
12 mayor and city council of such city , or to the chairman and board of trustees of such
13 incorporated town or village; but this privilege shall not extend to a greater distance than five
14 miles from the corporate limits of such city , town or village, and shall not be construed so as
15 to allow any obstruction to or interference with the free use of any such public road, street or
16 highway by the public, except so far as may be necessary while such work is being done, and
17 further shall not be construed to af fect the liability of such city , town or village, which
18 liability shall be the same as if such roads, streets and highways were inside the city limits.
19 2. Notwithstanding any rule, order , decision, permit, agreement, or other
20 authorization to the contrary , a city , incorporated town, or village shall not perform any
21 r oad pr oject unless it reim burses any non-rate-reg ulated utility pr ovider that incurs
22 labor costs for facility rel ocation due to such maintenance or project. A city ,
23 incorporated town, or village shall be authorized to pay such facility r elocation labor
24 costs as part of the cost of the r oad project .
25 3. For the purposes of this section and sections 226.220 and 226.224, the
26 following terms shall mean:
27 (1) "Non-rate-r egulated utility pr ovider" shall mean:
28 (a) A telecommunications company as defined in subdivision (52) of section
29 386.020 whose telecommunications services are not subject to rate of ret urn regul ation
30 by the public service commission pursuant to subsection 1 of section 392.240;
31 (b) A pr ovider of bro adband and other internet protocol -enabled services as
32 defined in subsection 2 of section 392.61 1;
33 (c) A video service pr ovider as defined in subdivision (17) of subsection 1 of
34 section 67.2677; or
35 (d) A cable operator as defined in subdivision (1) of subsection 1 of section
36 67.2677;
37 (2) "Road pr oject", any ro ad maintenance or r oad construction pr ojects.
38 4. A city , incorporated town, or village shall notify non-rate-r egulated utility
39 pr oviders that have permitted infrastructur e within a planned or existing public right-
40 of-way within ninety days after a r oad pr oject is added to the city , incorporated town, or
HCS HB 2155 3
41 village project schedule that may req uire the pr ovider to r elocate its infrastructur e for
42 the r oad pr oject. The notification pr ovided under this subsection shall include an
43 estimated project schedule and timeline, including the anticipated year of construction.
44 W ithin ninety days after recei pt of the notification, the non-rate-reg ulated utility
45 pr ovider shall res pond to the city , incorporated town, or village with an estimated time
46 frame and pr ojected labor cost for the relocation of the pro vider's infrastructur e. The
47 r esponse shall include a draft reloca tion schedule within or adjacent to the existing or
48 planned public right-of-way .
49 5. Nothing in this section shall req uire a city , incorporated town, or village to
50 r eimburse a non-rate-r egulated utility pr ovider for the rem oval or r elocation of facilities
51 placed in the public right-of-way in violation of state law or local permitting
52 r equir ements.
226.220. 1. There is hereby created and set up the "State Road Fund" which shall
2 receive all moneys and credits from :
3 (1) The sale of state road bonds;
4 (2) The United States government and intended for highway purposes;
5 (3) The state road bond and interest sinking fund as provided in section 226.210; and
6 (4) Any other source if they are held for expenditure by or under the department of
7 transportation or the state highways and transportation commission and if they are not
8 required by section 226.200 to be transferred to the state highway department fund.
9 2. The costs and expenses withdrawn from the state treasury :
10 (1) For locating, relocating, establishing, acquiring, reimbursing for , constructing,
11 improving and maintaining state highways in the systems specified in Article IV , Section 30
12 (b), of the Constitution;
13 (2) For r eimbursing non-rate-r egulated utility pr oviders, as defined in
14 subsection 3 of section 71.340, for any labor costs incurr ed in facility r elocation that
15 is requ ired due to ro ad maintenance or construction;
16 (3) For acquiring materials, equipment and buildings; and
17 [ (3) ] (4) For other purposes and contingencies relating and appertaining to the
18 construction and maintenance of said highways shall be paid from the state road fund upon
19 warrants drawn by the state auditor , based upon bills of particulars and vouchers preapproved
20 and certified for payment by the commissioner of administration and by the state highways
21 and transportation commission acting through such of their employees as may be designated
22 by them.
23 3. No payments or transfers shall ever be made from the state road fund except for an
24 expenditure made :
HCS HB 2155 4
25 (1) Under the supervision and direction of the state highways and transportation
26 commission; and
27 (2) For a purpose set out in Subparagraph (1), (2), (3), (4), or (5) of Section 30(b),
28 Article IV , of the Constitution.
226.224. 1. Notwithstanding any rule, order , decision, permit, agre ement, or
2 other authorization to the contrary , the department shall r eimburse non-rate-r egulated
3 utility pr oviders, as defined in subsection 3 of section 71.340, for any labor costs
4 incurr ed in facility reloca tion that is r equir ed due to road maintenance, construction, or
5 other right-of-way work activity .
6 2. The department shall notify non-rate-reg ulated utility pr oviders that have
7 permitted infrastructur e within a planned or existing public right-of-way within ninety
8 days after a road pr oject is added to the department pr oject schedule that may requi re
9 the pr ovider to rel ocate its infrastructur e for the r oad pr oject. The notification
10 pr ovided under this subsection shall include an estimated pr oject schedule and timeline,
11 including the anticipated year of construction. W ithin ninety days after r eceipt of the
12 notification, the non-rate-r egulated utility pro vider shall res pond to the department
13 with an estimated time frame and projected labor cost for the relocation of the
14 pr ovider's infrastructur e. The res ponse shall include a draft relocation schedule within
15 or adjacent to the existing or planned public right-of-way .
16 3. Nothing in this section shall requ ire the department to reim burse a non-rate-
17 r egulated utility pr ovider for the rem oval or rel ocation of facilities placed in the public
18 right-of-way in violation of state law or local permitting r equir ements.
227.558. 1. If the owner of a utility facility fails to provide the responses or
2 corrections to project plans required by sections 227.553 to 227.556, the commission may
3 recover from the owner damages in the amount of up to one hundred dollars per day for each
4 day the required act is not completed.
5 2. If the owner fails to provide a relocation plan or fails to timely relocate utility
6 facilities in accordance with the relocation plan as required by section 227.555, the
7 commission may recover from the owner damages in the amount of up to one thousand
8 dollars per day for each day the required act is not completed.
9 3. The damages authorized by subsections 1 and 2 of this section may be recovered
10 through actions brought by the chief counsel to the commission, or may be referred to the
11 attorney general for appropriate action. An action to collect the damages authorized by this
12 section shall be brought in a court of appropriate jurisdiction. All damages collected under
13 this section shall be deposited in the state road fund.
14 4. No damages or fines of any kind shall be assessed for delays that result, in whole or
15 in part, directly or indirectly , from any of the following:
HCS HB 2155 5
16 (1) Customer delays;
17 (2) Labor strikes or shortages;
18 (3) T errorist attacks, riots, civil unrest, or criminal sabotage;
19 (4) Acts of God, or extreme weather events;
20 (5) Delays caused by staf fing shortages in the geographic area near the commission's
21 construction project due to the owner's need to reassign an unusual number of workers to any
22 other area to respond to an act of God or extreme weather event;
23 (6) The failure of another owner to suff iciently complete its required relocation of
24 utility facilities that interfere with an owner's relocation plan;
25 (7) The failure of another owner or delay by another owner in submitting relocation
26 plans that interfere with an owner's relocation plan;
27 (8) Delays by the commission in acquiring necessary right-of-way or necessary
28 easements;
29 (9) Delays caused by facility damages or cable cuts caused by the commission's
30 contractor , other owners, or third parties;
31 (10) Unusual material shortages; and
32 (1 1) Any other event or action beyond the reasonable control of the owner .
33
34 The occurrence of any of the unusual events listed in this section shall constitute an
35 af firmative defense to the assessment of damages under the provisions of this section.
36 5. Except as pr ovided in section 226.224, the removal and relocation of utility
37 facilities as a res ult of construction pr ojects req uired by the commission shall be made at
38 the expense of the owners unless otherwise provided by the commission. If the owner fails to
39 relocate the utility facilities in accordance with the relocation plan as required by section
40 227.555, the utility facilities may be removed and relocated by the state highways and
41 transportation commission, or under its direction, and the cost of relocating the utility
42 facilities shall be [ collected from such owner ] the responsibi lity of the commission, as
43 r equir ed by section 226.224, or the owner . If the state highways and transportation
44 commission or its designee removes and relocates the utility facilities, the utility owner shall
45 not be liable to any party for any damages caused by the commission's or the commission's
46 designee's removal and relocation of such facilities.
227.559. Any home rule city having a population of sixty thousand inhabitants or
2 greater or any charter county of the first classification may adopt ordinances, policies,
3 resolutions, or regulations consistent with sections 67.1849, 71.340, and 227.551 to 227.559
4 regarding the relocation of utility facilities located within the right-of-way of streets,
5 highways, or roads under their respective jurisdiction, which are not state highways. Any
6 ordinance, policy , resolution, or regulation adopted under the authority of this section shall
HCS HB 2155 6
7 not infringe upon, negate or otherwise abrogate an owner's right to construct, own, operate,
8 and maintain utility facilities within the right-of-ways of such political subdivision that the
9 owner otherwise enjoyed prior to the adoption of such ordinance, policy , resolution, or
10 regulation.
229.360. Unless otherwise req uired by law , including section 67.1849, it shall be
2 the duty of any person, firm or corporation owning, leasing, or operating any such conduits,
3 poles, pole lines, wires, mains, pipes, conductors, sewers, drains, tramways or other objects,
4 after service of the notice required in section 229.350 to furnish such competent workmen and
5 crews as may be necessary to ef fect such removal, change or alteration, and to pay all actual
6 expenses which are incurred by any person, firm, corporation or political subdivision in so
7 doing. In making such necessary removal, change or alteration, no other person, firm,
8 corporation or political subdivision shall interfere with or make any such change, removal or
9 alteration until the owner , lessee or operators of such object shall have been notified as
10 provided in section 229.350, and shall have failed or refused to do so within a reasonable
11 time, and in the event of such failure or refusal such work shall be done only by competent
12 and experienced workmen at the cost and expense, however , of the owner , lessee or operators
13 of such object.
✔
HCS HB 2155 7