(3) If a Utility determines the existing utility facilities do not need to be replaced or are not needed to maintain its operational facilities, payment for the real property, which is needed to accommodate the construction of the department project where the utility facilities are located, shall be handled as a right-of-way acquisition.R930-8-7. Replacement of Property Rights.
(1) When the department replaces a Utility's fee interest or easement, the Utility shall transfer title to the prior fee or easement to the department without charge.
(2) If the Utility has facilities within a fee or easement and the facilities are relocated within the department's right-of-way, the Utility shall transfer title to the fee or easement without charge to the department and the department shall reimburse the Utility 100% of the future utility relocation costs in compliance with 23 CFR Section 645, subpart A.
(3) When the Utility's facilities are located in a public utility easement as defined in Section 54-3-27, the department may purchase a replacement public utility easement and may require the Utility to relocate its facilities to the replacement public utility easement.
(4) The Utility shall pay UDOT for any betterment between the existing real property interest and the real property interest acquired for relocation.
(5) If the department obtains a court ordered occupancy or right-of-entry from a property owner, the Utility shall relocate its facilities onto the replacement property rights while the department obtains the final order or deeds from the property owner.
(6) Acquisition of Non-operating Real Property from a Utility shall be in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable right-of-way procedures in 23 CFR Section 710.203.
R930-8-8. Reimbursement of Relocation Costs.
(1) Reimbursement for relocation costs shall be determined in accordance with 23 CFR Part 645, Subpart A, and the Program Guide, Utility Relocation and Accommodation on Federal-Aid Highway Projects, Sixth Edition, January 2003, as amended, Cost Development and Reimbursement, pages B-21 to B-29.
(2) If a Utility cannot provide a copy of a permit that shows the department's acceptance of the deviation from the rule in effect at the time of installation of the utility facilities and the utility facilities do not meet the overhead and depth of bury clearance requirements, the Utility must relocate its facilities without any reimbursement from the department. The Utility shall be responsible for 100% of its relocation costs for non-compliant utility facilities.
(3) When reimbursement is made on the basis of actual costs, the Utility's estimate and final billing shall be itemized and show the totals for labor, overhead construction costs, travel expenses, transportation, equipment, materials, and supplies, handling costs, and other services.
(4) The Utility's final billing statement shall be provided in a format that facilitates making comparisons with the department's approved estimates.
(5) A Utility must submit final billings to the department within six months following the completion of the relocation work. The department may make a final payment when the final bill is received from a Utility more than six months after the completion of the relocation work if the department and the Utility have agreed in advance that a longer time period is needed.
(6) The costs incurred by the department and a Utility for compliance with federal and state statutes, rules, and regulations will be included as part of the utility relocation costs.
(7) Temporary utility facility relocations required by the department project will be included as part of the utility relocation costs.
(8) Telecommunication utility companies granted longitudinal interstate access are required to pay any relocation costs pursuant to Section 72-7-108.
R930-8-9. Betterments.
No betterment credit is required for the replacement of utility devices or materials that are:
(1) Required by the department project;
(2) Of equivalent standards although not identical;
(3) Of the next highest grade or size when the existing devices or materials are no longer regularly manufactured;
(4) Required by law pursuant to governmental and appropriate regulatory commission code; or
(5) Required by current design practices regularly followed by the Utility in its own work, and there is a resulting direct benefit to the department project.
R930-8-10. Issuance of Administrative Order; Enforcement.
(1) If a Utility fails to timely coordinate and cooperate with the department at any point in the utility relocation process, the department may issue an administrative order pursuant to Subsection 72-6-116(2)(b) to the Utility to accommodate the department project. The administrative order shall be issued by the department's Statewide Utilities Manager and will include a reasonable timeframe for Utility Company actions to complete the relocation of the utility facilities, including any design.
(2) If the Utility fails to comply with the department's administrative order, and the failure to comply is not caused by a third party whom the Utility has no control over, the department may issue an administrative order to remedy non-compliance. The department may order any the following remedies:
