Requires public utilities and cable television companies to accommodate and relocate facilities when necessary for transportation infrastructure projects at direction of DOT.

A4609

ASSEMBLY, No. 4609

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblywoman� DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Requires public utilities and cable television
companies to accommodate and relocate facilities when necessary for
transportation infrastructure projects at direction of DOT.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the accommodation and relocation of certain
public utility and cable television facilities for the purposes of transportation
infrastructure projects and amending P.L.1983, c.283.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of
P.L.1983, c.283 (C.
27:7-44.9) is amended to read
as follows:

���� 1.��� a. �In addition to other
powers conferred upon the Commissioner of Transportation by any other law and
not in limitation thereof, the commissioner, in connection with the
construction, reconstruction, maintenance or operation of any
[
highway
]

infrastructure

project, may make reasonable regulations for the installation, construction,
maintenance, repair, renewal, relocation and removal of
[
pipes, mains,
conduits, cables, wires, towers, poles and other equipment and appliances,
herein called "facilities,"
]

facilities
of any
[
public
]
utility
company,

as defined in
[
R.S.48:2-13,
and of any cable television company as defined in the "Cable Television
Act," P.L.1972, c.186 (C.48:5A-1 et seq.),
]

subsection c. of this
section, having been granted privileges by the State or any political
subdivision thereof,
in, on, along, over or under any
[
highway
]

infrastructure

project.� Whenever the commissioner determines that it is necessary that
facilities which now are, or hereafter may be, located in, on, along, over or
under any
[
highway
]

infrastructure

project shall be relocated in the project or should be removed from the
project, the
[
public
]
utility
[
or cable
television
]

company owning or operating the facilities shall relocate or remove the same in
accordance with the order of the commissioner.� The cost and expenses of such
relocation or removal, including the cost of installing the facilities in a new
location, or new locations, and the cost of any lands, or any rights or
interests in lands, and any other rights acquired to accomplish the relocation
or removal, shall be ascertained and paid by the commissioner as a part of the
cost of the
infrastructure
project
, provided the utility company
complies with all applicable federal and State statutes and regulations as they
apply to the contracting for, and the cost reimbursement and accounting of, the
accommodation of facilities within the highway right-of-way. �The department may
audit all records associated with the reimbursement of facilities accommodation
costs within three years of completion of the accommodation work and recover or
deduct from future payments for any other infrastructure project requiring
facilities accommodation work, any non-allowable costs discovered through that
audit
.� In the case of the relocation or removal of facilities,
[
as aforesaid,
]
the
[
public
]
utility
[
or cable
television
]

company owning or operating the same, its successors or assigns may maintain
and operate the facilities, with the necessary appurtenances, in the new
location or new locations for as long a period, and upon the same terms and
conditions, as it had the right to maintain and operate the facilities in the
former location or locations.

���� b.���
[
As used in
this act, "highway project," in addition to its ordinary meaning,
means one which is administered and contracted for by the commissioner.

���� c.
]

For infrastructure projects
undertaken by the department and financed with public funds wherein utility
facilities will require accommodation, the accommodation work shall be done in
accordance with a final infrastructure project work plan, utility accommodation
plan, and construction schedule developed by the department, in consultation
with the utility companies.� Costs associated with pre-engineering, field
location testing, engineering design and review, and any costs attributable to
the utility company from its delay in the relocation of its facilities, shall
be paid by the utility company.

����
c.���� As used in this act:�

����
�Cable
television company� shall have the same meaning as defined in section 3 of
P.L.1972, c.186 (C.48:5A-3).�

����
�Contractor�
means a person who is directly awarded and enters into a contract for services
related to an infrastructure project by the department.

����
�Department�
means the Department of Transportation.

����
�Draft
infrastructure project work plan and construction schedule� means a draft of a
plan and construction schedule for an infrastructure project being contemplated
by the department, which shall include, but need not be limited to, the
preliminary design and construction completion schedule anticipated for the
infrastructure project.

����
�Facilities�
means a utility company�s tracks, pipes, mains or laterals, conduits, access
manholes or chambers, cables, wires, towers, poles, telecommunications
equipment, data transmissions systems, or other equipment, appliances, or
apparatus, but not including any railroad.

����
�Final
infrastructure project work plan and construction schedule� means a plan and
construction schedule for an infrastructure project that has been adopted by
the department.� This shall include, at a minimum, the final design and
construction completion schedule anticipated for the infrastructure project.

����
�Highway�
means any road, street, highway, thoroughfare, bridge, tunnel, overpass,
interchange, or right-of-way which is open to the use of the public for the
purpose of vehicular travel and which is maintained, owned, controlled, or
otherwise under the jurisdiction of the department.

����
�Highway
project� means a project comprising the planning, acquisition, engineering,
construction, reconstruction, repair, resurfacing, and rehabilitation of
highways and the planning, acquisition, engineering, construction,
reconstruction, repair, maintenance, and rehabilitation of public
transportation projects or other transportation projects which the department
may be authorized by law to undertake.

����
�Impact
cost� means any direct or indirect cost resulting from any action or inaction
by a utility company required by this section that prevents the department, a
contractor, or both from timely proceeding with the construction and completion
of an infrastructure project.�

����
�Infrastructure
project� means any highway project, public transportation project,
transportation project, or the construction, reconstruction, alteration,
addition, physical betterment, or improvement of any other infrastructure
within the department�s jurisdiction.

����
�Project
area� means the physical area in which an infrastructure project is located,
including, but not limited to, a public right-of-way.

����
�Public
highways� means public roads, streets, expressways, freeways, parkways,
motorways and boulevards, including bridges, tunnels, overpasses, underpasses,
interchanges, rest areas, express bus roadways, bus pullouts and turnarounds,
park-ride facilities, traffic circles, grade separations, traffic control
devices, the elimination or improvement of crossings of railroads and highways,
whether at grade or not at grade, bicycle and pedestrian pathways and
pedestrian and bicycle bridges traversing public highways and any facilities,
equipment, property, rights of way, easements and interests therein needed for
the construction, improvement, and maintenance of highways.

����
�Public
transportation project� means, in connection with public transportation
service, passenger stations, shelters and terminals, automobile parking
facilities, ferries and ferry facilities, including capital projects for ferry
terminals, approach roadways, pedestrian accommodations, parking, docks, and
other necessary land-side improvements, ramps, track connections, signal
systems, power systems, information and communication systems, roadbeds,
transit lanes or rights of way, equipment storage, pedestrian walkways and
bridges connecting to passenger stations and servicing facilities, bridges,
grade crossings, rail cars, locomotives, motorbuses and other motor vehicles,
maintenance and garage facilities, revenue handling equipment and any other
equipment, facility or property useful for or related to the provision of
public transportation service.

����
�Public
utility� shall have the same meaning as defined in R.S.48:2-13.

����
�Rights-of-way�
means any right-of-way dedicated to public use, the jurisdiction over which is
held by the department.

����
�Transportation
project� means, in addition to public highways and public transportation
projects, any equipment, facility or property useful or related to the
provision of any ground, waterborne, or air transportation for the movement of
people and goods, including rail freight infrastructure.

����
�Utility
accommodation plan� means a plan that includes, but is not limited to: �(1) an
accurate description, characteristic, and location of all of the facilities in
a project area; and (2) a written determination of all facilities that will
have an impact on the infrastructure project, including whether the
characteristic or location of the
facilities
will impact the productive cycle of construction activity
on the infrastructure project or, in any manner, will prevent the department
from proceeding in the construction and completion of the infrastructure
project, and engineering plans showing the means by which the facilities shall
be relocated or accommodated.
�

����
�Utility
accommodation work� means any work caused by, or resulting from,
facilities
within any project area, in the course of the design or
performance of any infrastructure project.� This shall include, but need not be
limited to, any work associated with any interference with construction,
relocation, installation, support, or protection in place, or removal of
facilities within a project area.

����
�Utility
company� means any public utility or any cable television company, or both.

����
d.��� (1)
The department shall develop a draft infrastructure project work plan and
construction schedule, in consultation with all utility companies doing
business or located within the project area.
��

����
(2)�� The
department shall provide a copy of the draft infrastructure project work plan
and construction schedule for a proposed infrastructure project to all utility
companies doing business or located within the project area and request
verification and information as to the extent of its facilities that exist
within and adjacent to the project area.� Utility companies shall provide the
verification and information related to its facilities in the project area to
the department within 60 days of receipt of the request.� Failure to provide
such verification and information within the given timeframe shall be
considered to delay or interfere with the project work plan and a utility
company shall be liable to the department for any impact costs incurred by the
department as a result of these delays.� Verification and review costs incurred
by a utility company shall be paid by the utility company.

����
(3)�� If,
upon final notice from the department, a utility company is advised that it
will delay or prevent the department from proceeding with the design of the
infrastructure project by a failure to provide necessary information or failure
to respond to the department in a timely manner, a utility company shall be
liable to the department for impact costs incurred as a result of the
infrastructure project design delays.

����
e.���� Based on the
information provided pursuant to subsection d. of this section, the department
shall prepare, in consultation with all utility companies within the project
area, a final infrastructure project work plan and construction schedule and
the utility accommodation plan.� Engineering design and review costs incurred
by a utility company, in support of the development of the final infrastructure
project work plan and construction schedule and the utility accommodation plan,
shall be paid by the utility company.

����
f.���� (1) �The department
shall provide all utility companies within the project area a copy of the final
infrastructure project work plan and construction schedule and the utility
accommodation plan.� Responsibility for the relocation or accommodation of
facilities in the project area shall be assigned by the department, at its
discretion, and identified in the final infrastructure project work plan.�

����
(2)�� Within 30 days of
receipt of the final infrastructure project work plan and construction schedule
and the utility accommodation plan, a utility company within the project area
shall provide the department acknowledgement of assignment of responsibility
for the relocation or accommodation of their facility, as well as verification
of acceptance of the final infrastructure project work plan and construction
schedule and the utility accommodation plan.� Failure to provide such
acknowledgement and verification within the given timeframe shall be considered
to delay or interfere with the project work plan and the utility company shall
be liable to the department for any impact costs incurred by the department as
a result of these delays.

����
g.��� A utility company
shall be responsible for any work it performs in accordance with the final infrastructure
project work plan and construction schedule and the utility accommodation plan.�
A utility company shall be liable to the department for any impact costs
incurred by the department as a result of the failure of the utility company to
complete the accommodation work in accordance with the final infrastructure
project work plan and construction schedule and the utility accommodation plan.�

A utility company shall be liable to the contractor
for any impact costs incurred by the contractor as a result of the failure of a
utility company to complete the accommodation work in accordance with the
final
infrastructure project work plan and construction schedule and the utility
accommodation plan
.� The department shall not be
liable to the contractor for any impact costs incurred by the contractor as a
result of the failure of a utility company to complete the accommodation work
in accordance with the
final infrastructure project work plan and construction
schedule and the utility accommodation plan
.

����
h.��� If the department
determines that a utility company provided incorrect information regarding the
location or type of its facilities, a utility company shall be liable to the
department and the contractor for any impact costs incurred by the contractor
as a result of the delays associated with the incorrect information.� The
department shall not be liable to the contractor for any impact costs incurred
by the contractor as a result of this delay.

����
i.
���� The powers
conferred upon the commissioner by this section also are conferred upon the
governing body of any county having under its jurisdiction a limited access
highway in the meaning of section 1 of P.L.1945, c.83 (C.27:7A-1) with respect
to the construction, reconstruction, maintenance or operation of any highway
project on that limited access highway.

(cf: �P.L.1989, c.32, s.12)

����
2.��� This act shall
take effect on the first day of the third month after enactment and shall apply
to projects that are, or scheduled to be, bid 180 days after the effective date
of this act, but shall not apply to projects for which engineering or construction
agreements have been executed between the department and a utility company as
of the effective date of this act.

STATEMENT

���� This bill expands the current
requirement that a public utility or a cable television company (collectively,
�utility company�) accommodate and relocate facilities when necessary for
transportation infrastructure projects, at the direction of the Department of
Transportation (�department�).

���� The bill defines facilities as

a utility company�s tracks, pipes, mains or laterals,
conduits, access manholes or chambers, cables, wires, towers, poles,
telecommunications equipment, data transmissions systems, or other equipment,
appliances, or apparatus, but not including any railroad.

���� The bill creates a process
whereby the department and a utility company establish and assign
responsibility for the relocation of utility facilities within the limits of
construction projects.� The bill permits the department to manage utility
relocations through its construction contract, and allows the department�s
contractor to control the project�s construction schedule and the timing for
utility

facilities relocation work.� Where appropriate, the department
may assign responsibility for the utility relocation to a utility company.�

���� The bill�s provisions allow
the department to hold a utility company liable for delaying the department or
its contractor for failure to provide necessary data and support during the
design process, or failure to relocate their facilities according to the
construction schedule when the utility company accepts responsibility for
relocating their facilities.�

���� The bill maintains current
practice by not requiring the utility company to pay relocation costs, but does
require the utility company to pay for costs associated with pre-engineering,
field location testing, engineering design and review, and any costs
attributable to the utility company from its delay in the relocation of its
facilities.

���� Delays in relocating utility
facilities typically delay other construction activities that are dependent on
their relocation, thereby affecting the overall construction schedule.�
Construction delays can increase material costs, which can increase over time,
and labor costs as personnel must be retained on a construction project for a
longer period of time.� Additionally, the general public may be inconvenienced
by longer construction periods.� The bill is intended to considerably reduce
delays and costs when a utility company�s facilities are not relocated in
accordance with the construction schedule.