75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 269
 
LC 187/SB 269-7
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 269
 
           By COMMITTEE ON BUSINESS AND TRANSPORTATION
 
                            April 29
 
  On page 1 of the printed bill, after line 3, insert:
  ' Whereas it is the policy of the Legislative Assembly that a
proactive cooperative coordination process between public bodies
and utilities is the most effective way to minimize costs, limit
disruption of utility services related to highway projects and
reduce the potential need for relocation of utility facilities;
and
  ' Whereas the primary objective of the coordination process is
to deliver a cost-effective product to the public that meets the
intent, scope and budget of a highway project; now, therefore,'.
  Delete lines 6 through 27 and insert:
  '  { +  SECTION 2. + }  { + (1) As used in this section:
  ' (a) 'Highway' has the meaning given that term in ORS 801.305
(1) but does not include highways located on property owned by
the Port of Portland that is subject to federal relocation
regulations authorized under 49 U.S.C. 47107, as in effect on the
effective date of this 2009 Act.
  ' (b) 'Public body' has the meaning given that term in ORS
174.109.
  ' (c) 'Utility' means a public utility, as defined in ORS
757.005, or a telecommunications utility, as defined in ORS
759.005.
  ' (2) If a public body plans a project that would require
utilities to relocate their utility facilities that are located
in the highway right of way, the public body shall notify
affected utilities of the project in writing as soon as is
practicable.
  ' (3) During the planning and design phase of a project, the
public body shall coordinate with the affected utilities to
discuss the project's scope and schedule. At a minimum, the
discussion must include a description of the plans, goals and
objectives of the proposed project and options to minimize or
eliminate costs to the public body and the utilities. The public
body is not required to avoid or minimize costs to the utilities
in a way that materially affects the project's scope, costs or
schedule. Failure of the affected utilities to respond or
participate in the coordination or discussion does not affect the
ability of the public body to proceed with design and
construction of the project.
  ' (4) A public body having jurisdiction over a highway may not
prohibit a utility from seeking reimbursement from private
parties or customers for costs under this section in any permit
application, license application or other written agreement
authorizing the utility to relocate the facilities.
  ' (5)(a) Notwithstanding any other provision of ORS chapter
759, a telecommunications utility that is not subject to
rate-of-return regulation, including a utility regulated under
ORS 759.255 may, after participating in the process described in
subsection (3) of this section, request authorization from the
Public Utility Commission to recover from customers prudent costs
incurred for the relocation of facilities required by a public
body that are not otherwise paid or reimbursed from another
source. Recoverable relocation costs are the nonfacility costs
incurred in the relocation plus the undepreciated value of the
facilities replaced, including the cost of placing such
facilities underground if underground placement is required by
the public body or other provision of law. The commission may
authorize the recovery of relocation costs that the commission
determines to be substantial and beyond the normal course of
business.
  ' (b) The commission shall:
  ' (A) Verify the relocation costs for which the utility
requests recovery;
  ' (B) Determine the allocation of costs between interstate and
intrastate services, geographic areas, customers and services;
and
  ' (C) Prescribe the method of cost recovery.
  ' (c) In determining the level of cost recovery and the
allocation of costs, the commission shall consider:
  ' (A) The overall impact on the utility; and
  ' (B) Other relevant factors identified by the commission.
  ' (d) Relocation costs may be recovered for a reasonable period
of time subject to approval by the commission and not to exceed
the depreciable life of the facilities. + } ' .
  On page 2, delete lines 1 through 31.
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