Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1065
103RD GENERAL ASSEMBLY
4816S.02C KRISTINA MARTIN, Secretary
AN ACT
To 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 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, 1
227.559, and 229.360, RSMo, are repealed and eight new sections 2
enacted in lieu thereof, to be known as sections 67.1849, 3
67.2707, 71.340, 226.220, 226.224, 227.558, 227.559, and 4
229.360, to read as follows:5
67.1849. 1. Notwithstanding any rule, order, 1
decision, permit, agreement, or other authorization to the 2
contrary, a county shall not perform any road project unless 3
it reimburses any non-rate-regulated utility provider, as 4
defined in section 71.340, that incurs labor costs for 5
facility relocation due to such maintenance or project. A 6
county shall be authorized to pay such facility relocation 7
labor costs as part of the cost of the road project. 8
2. A county shall notify non-rate-regulated utility 9
providers that have permitted infrastructure within a 10
planned or existing public right-of-way within ninety days 11
after a road project is added to the county project schedule 12
that may require the provider to relocate its infrastructure 13
for the road project. The notification provided under this 14
subsection shall include an estimated project schedule and 15
SCS SB 1065 2
timeline, including the anticipated year of construction. 16
Within ninety days after receipt of the notification, the 17
non-rate-regulated utility provider shall respond to the 18
county with an estimated time frame and projected labor cost 19
for the relocation of the provider's infrastructure. The 20
response shall include a draft relocation schedule within or 21
adjacent to the existing or planned public right-of-way. 22
3. Nothing in this section shall require a county to 23
reimburse a non-rate-regulated utility provider for the 24
removal or relocation of facilities placed in the public 25
right-of-way in violation of state or local permitting 26
requirements. 27
4. As used in this section, the term "road project" 28
means any road maintenance or road construction project. 29
67.2707. 1. A video service provider shall be subject 1
to the provisions of sections 67.1830 to [67.1846] 67.1849 2
and chapter 229 and shall also be subject to the provisions 3
of section 227.240 applying to cable television companies, 4
and to all reasonable police power-based regulations of a 5
political subdivision regarding the placement, screening, 6
and relocation of facilities, including, but not limited to: 7
(1) Requirements that the video service provider 8
provide landscaping to screen the placement of cabinets or 9
structures from public view consistent with the location 10
chosen; 11
(2) Requirements that the video service provider 12
contact the nearby property owners to communicate what work 13
will be done and when; 14
(3) Requiring alternate placement of facilities, or 15
prescribing the time, method, and manner of such placement, 16
when it is necessary to protect the public right-of-way or 17
SCS SB 1065 3
the safety of the public, notwithstanding the provisions of 18
sections 67.1830 to [67.1846] 67.1849; 19
(4) Requirements that cabinets be removed or relocated 20
[at the expense of the video service provider] under the 21
provisions of section 67.1849 or 71.340, as applicable, when 22
necessary to accommodate construction, improvement, or 23
maintenance of streets [or], other public works, [excluding 24
minor] or beautification projects. 25
2. A political subdivision may not impose the 26
following regulations on video service providers: 27
(1) Requirements that particular business offices or 28
portions of a video service network be located in the 29
political subdivision; 30
(2) Requirements for political subdivision approval of 31
transfers of ownership or control of the business or assets 32
of a video service provider's business, except that a 33
political subdivision may require that such entity maintain 34
current point-of-contact information and provide notice of a 35
transfer within a reasonable time; and 36
(3) Requirements concerning the provisioning of or 37
quality of customer services, facilities, equipment or goods 38
in-kind for use by the political subdivision or any other 39
video service provider or public utility. 40
71.340. 1. The mayor and city council of any city or 1
the chairman and board of trustees of any incorporated town 2
or village shall have the power to annually appropriate and 3
pay out of the treasury of such city or incorporated town or 4
village a sum of money, not to exceed ten percent of the 5
annual general revenue thereof, for the purpose of 6
constructing, building, repairing, working, grading or 7
macadamizing any public road, street and highway and any 8
bridge thereon leading to and from such city or incorporated 9
SCS SB 1065 4
town or village; and such appropriation shall be made by 10
ordinance and the money so appropriated shall be applied 11
under the supervision and direction of the engineers of such 12
city or incorporated town or village, and of the county 13
highway engineer of the county in which such city, town or 14
village is located, or of some competent person selected by 15
such city, town or village and approved by the county 16
highway engineer, who shall make a report thereof, in 17
writing, to the mayor and city council of such city, or to 18
the chairman and board of trustees of such incorporated town 19
or village; but this privilege shall not extend to a greater 20
distance than five miles from the corporate limits of such 21
city, town or village, and shall not be construed so as to 22
allow any obstruction to or interference with the free use 23
of any such public road, street or highway by the public, 24
except so far as may be necessary while such work is being 25
done, and further shall not be construed to affect the 26
liability of such city, town or village, which liability 27
shall be the same as if such roads, streets and highways 28
were inside the city limits. 29
2. Notwithstanding any rule, order, decision, permit, 30
agreement, or other authorization to the contrary, a city, 31
incorporated town, or village shall not perform any road 32
project unless it reimburses any non-rate-regulated utility 33
provider that incurs labor costs for facility relocation due 34
to such maintenance or project. A city, incorporated town, 35
or village shall be authorized to pay such facility 36
relocation labor costs as part of the cost of the road 37
project. 38
3. For the purposes of this section and sections 39
226.220 and 226.224, the following terms shall mean: 40
(1) "Non-rate-regulated utility provider" shall mean: 41
SCS SB 1065 5
(a) A telecommunications company as defined in 42
subdivision (52) of section 386.020 whose telecommunications 43
services are not subject to rate-of-return regulation by the 44
public service commission pursuant to subsection 1 of 45
section 392.240; 46
(b) A provider of broadband and other internet 47
protocol-enabled services as defined in subsection 2 of 48
section 392.611; 49
(c) A video service provider as defined in subdivision 50
(17) of subsection 1 of section 67.2677; or 51
(d) A cable operator as defined in subdivision (1) of 52
subsection 1 of section 67.2677; 53
(2) "Road project", any road maintenance or road 54
construction projects. 55
4. A city, incorporated town, or village shall notify 56
non-rate-regulated utility providers that have permitted 57
infrastructure within a planned or existing public right-of- 58
way within ninety days after a road project is added to the 59
city, incorporated town, or village project schedule that 60
may require the provider to relocate its infrastructure for 61
the road project. The notification provided under this 62
subsection shall include an estimated project schedule and 63
timeline, including the anticipated year of construction. 64
Within ninety days after receipt of the notification, the 65
non-rate-regulated utility provider shall respond to the 66
city, incorporated town, or village with an estimated time 67
frame and projected labor cost for the relocation of the 68
provider's infrastructure. The response shall include a 69
draft relocation schedule within or adjacent to the existing 70
or planned public right-of-way. 71
5. Nothing in this section shall require a city, 72
incorporated town, or village to reimburse a non-rate- 73
SCS SB 1065 6
regulated utility provider for the removal or relocation of 74
facilities placed in the public right-of-way in violation of 75
state law or local permitting requirements. 76
226.220. 1. There is hereby created and set up the 1
"State Road Fund" which shall receive all moneys and credits 2
from: 3
(1) The sale of state road bonds; 4
(2) The United States government and intended for 5
highway purposes; 6
(3) The state road bond and interest sinking fund as 7
provided in section 226.210; and 8
(4) Any other source if they are held for expenditure 9
by or under the department of transportation or the state 10
highways and transportation commission and if they are not 11
required by section 226.200 to be transferred to the state 12
highway department fund. 13
2. The costs and expenses withdrawn from the state 14
treasury: 15
(1) For locating, relocating, establishing, acquiring, 16
reimbursing for, constructing, improving and maintaining 17
state highways in the systems specified in Article IV, 18
Section 30(b), of the Constitution; 19
(2) For reimbursing non-rate-regulated utility 20
providers, as defined in subsection 3 of section 71.340, for 21
any labor costs incurred in facility relocation that is 22
required due to road maintenance or construction; 23
(3) For acquiring materials, equipment and buildings; 24
and 25
[(3)] (4) For other purposes and contingencies 26
relating and appertaining to the construction and 27
maintenance of said highways shall be paid from the state 28
road fund upon warrants drawn by the state auditor, based 29
SCS SB 1065 7
upon bills of particulars and vouchers preapproved and 30
certified for payment by the commissioner of administration 31
and by the state highways and transportation commission 32
acting through such of their employees as may be designated 33
by them. 34
3. No payments or transfers shall ever be made from 35
the state road fund except for an expenditure made: 36
(1) Under the supervision and direction of the state 37
highways and transportation commission; and 38
(2) For a purpose set out in Subparagraph (1), (2), 39
(3), (4), or (5) of Section 30(b), Article IV, of the 40
Constitution. 41
226.224. 1. Notwithstanding any rule, order, 1
decision, permit, agreement, or other authorization to the 2
contrary, the department shall reimburse non-rate-regulated 3
utility providers, as defined in subsection 3 of section 4
71.340, for any labor costs incurred in facility relocation 5
that is required due to road maintenance, construction, or 6
other right-of-way work activity. 7
2. The department shall notify non-rate-regulated 8
utility providers that have permitted infrastructure within 9
a planned or existing public right-of-way within ninety days 10
after a road project is added to the department project 11
schedule that may require the provider to relocate its 12
infrastructure for the road project. The notification 13
provided under this subsection shall include an estimated 14
project schedule and timeline, including the anticipated 15
year of construction. Within ninety days after receipt of 16
the notification, the non-rate-regulated utility provider 17
shall respond to the department with an estimated time frame 18
and projected labor cost for the relocation of the 19
provider's infrastructure. The response shall include a 20
SCS SB 1065 8
draft relocation schedule within or adjacent to the existing 21
or planned public right-of-way. 22
3. Nothing in this section shall require the 23
department to reimburse a non-rate-regulated utility 24
provider for the removal or relocation of facilities placed 25
in the public right-of-way in violation of state law or 26
local permitting requirements. 27
227.558. 1. If the owner of a utility facility fails 1
to provide the responses or corrections to project plans 2
required by sections 227.553 to 227.556, the commission may 3
recover from the owner damages in the amount of up to one 4
hundred dollars per day for each day the required act is not 5
completed. 6
2. If the owner fails to provide a relocation plan or 7
fails to timely relocate utility facilities in accordance 8
with the relocation plan as required by section 227.555, the 9
commission may recover from the owner damages in the amount 10
of up to one thousand dollars per day for each day the 11
required act is not completed. 12
3. The damages authorized by subsections 1 and 2 of 13
this section may be recovered through actions brought by the 14
chief counsel to the commission, or may be referred to the 15
attorney general for appropriate action. An action to 16
collect the damages authorized by this section shall be 17
brought in a court of appropriate jurisdiction. All damages 18
collected under this section shall be deposited in the state 19
road fund. 20
4. No damages or fines of any kind shall be assessed 21
for delays that result, in whole or in part, directly or 22
indirectly, from any of the following: 23
(1) Customer delays; 24
(2) Labor strikes or shortages; 25
SCS SB 1065 9
(3) Terrorist attacks, riots, civil unrest, or 26
criminal sabotage; 27
(4) Acts of God, or extreme weather events; 28
(5) Delays caused by staffing shortages in the 29
geographic area near the commission's construction project 30
due to the owner's need to reassign an unusual number of 31
workers to any other area to respond to an act of God or 32
extreme weather event; 33
(6) The failure of another owner to sufficiently 34
complete its required relocation of utility facilities that 35
interfere with an owner's relocation plan; 36
(7) The failure of another owner or delay by another 37
owner in submitting relocation plans that interfere with an 38
owner's relocation plan; 39
(8) Delays by the commission in acquiring necessary 40
right-of-way or necessary easements; 41
(9) Delays caused by facility damages or cable cuts 42
caused by the commission's contractor, other owners, or 43
third parties; 44
(10) Unusual material shortages; and 45
(11) Any other event or action beyond the reasonable 46
control of the owner. 47
The occurrence of any of the unusual events listed in this 48
section shall constitute an affirmative defense to the 49
assessment of damages under the provisions of this section. 50
5. Except as provided in section 226.224, the removal 51
and relocation of utility facilities as a result of 52
construction projects required by the commission shall be 53
made at the expense of the owners unless otherwise provided 54
by the commission. If the owner fails to relocate the 55
utility facilities in accordance with the relocation plan as 56
SCS SB 1065 10
required by section 227.555, the utility facilities may be 57
removed and relocated by the state highways and 58
transportation commission, or under its direction, and the 59
cost of relocating the utility facilities shall be 60
[collected from such owner] the responsibility of the 61
commission, as required by section 226.224, or the owner. 62
If the state highways and transportation commission or its 63
designee removes and relocates the utility facilities, the 64
utility owner shall not be liable to any party for any 65
damages caused by the commission's or the commission's 66
designee's removal and relocation of such facilities. 67
227.559. Any home rule city having a population of 1
sixty thousand inhabitants or greater or any charter county 2
of the first classification may adopt ordinances, policies, 3
resolutions, or regulations consistent with sections 4
67.1849, 71.340, and 227.551 to 227.559 regarding the 5
relocation of utility facilities located within the right-of- 6
way of streets, highways, or roads under their respective 7
jurisdiction, which are not state highways. Any ordinance, 8
policy, resolution, or regulation adopted under the 9
authority of this section shall not infringe upon, negate or 10
otherwise abrogate an owner's right to construct, own, 11
operate, and maintain utility facilities within the right-of- 12
ways of such political subdivision that the owner otherwise 13
enjoyed prior to the adoption of such ordinance, policy, 14
resolution, or regulation. 15
229.360. Unless otherwise required by law, including 1
section 67.1849, it shall be the duty of any person, firm or 2
corporation owning, leasing, or operating any such conduits, 3
poles, pole lines, wires, mains, pipes, conductors, sewers, 4
drains, tramways or other objects, after service of the 5
notice required in section 229.350 to furnish such competent 6
SCS SB 1065 11
workmen and crews as may be necessary to effect such 7
removal, change or alteration, and to pay all actual 8
expenses which are incurred by any person, firm, corporation 9
or political subdivision in so doing. In making such 10
necessary removal, change or alteration, no other person, 11
firm, corporation or political subdivision shall interfere 12
with or make any such change, removal or alteration until 13
the owner, lessee or operators of such object shall have 14
been notified as provided in section 229.350, and shall have 15
failed or refused to do so within a reasonable time, and in 16
the event of such failure or refusal such work shall be done 17
only by competent and experienced workmen at the cost and 18
expense, however, of the owner, lessee or operators of such 19
object. 20
✓