HF 533

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; requiring cost of relocating 
  1.3             publicly owned utilities to be paid by the state; 
  1.4             amending Minnesota Statutes 2000, section 161.46, 
  1.5             subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 161.46, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [RELOCATION WORK BY STATE.] The relocation work 
  1.10  may be made a part of a state highway construction contract or 
  1.11  let as a separate contract by the state under applicable federal 
  1.12  laws, rules and regulations if the owner or operator of the 
  1.13  utility facility requests the commissioner to act as its agent 
  1.14  for the purpose of relocating such facilities and if such action 
  1.15  is deemed to be in the best interest of the state.  When 
  1.16  relocation work is made a part of a state highway construction 
  1.17  contract or when let as a separate contract by the state as 
  1.18  authorized herein, the cost of such relocation may be paid by 
  1.19  the commissioner directly to the contractor out of the trunk 
  1.20  highway fund without requiring the utility to first make payment 
  1.21  for such relocation work and.  The commissioner may thereafter 
  1.22  request reimbursement therefor to the trunk highway fund from a 
  1.23  privately owned or cooperatively owned utility; provided that, 
  1.24  the agreement entered into between the state and the utility 
  1.25  shall contain a stipulation that the utility shall reimburse the 
  2.1   state for any costs of such relocation in which the federal 
  2.2   government will not participate.  The commissioner may not 
  2.3   request reimbursement from a publicly owned utility. 
  2.4      [EFFECTIVE DATE.] This section is effective the day 
  2.5   following final enactment.