§ 40-3-115 — Recovery of utility relocation costs

(1) As used in this section,
unless the context otherwise requires:

(a) Political subdivision means a county, city and county, city, town, home
rule city, home rule town, service authority, school district, local improvement
district, law enforcement authority, water, sanitation, fire protection, metropolitan,
irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public organization organized pursuant to law.

(b) State means the state government, any state agency, state
department, state institution, or state-level authority.

(2) (a) Notwithstanding the provisions of section 40-15-502 (3)(b)(I) to
(3)(b)(V), local exchange providers of basic local exchange service subject to
regulation pursuant to part 2, part 3, or part 5 of article 15 of this title may request
authorization from the commission to recover the actual costs incurred for the
relocation of infrastructure or facilities requested by the state or a political
subdivision. Actual costs are the nonfacility costs incurred in the relocation plus the
undepreciated amount of the facilities being replaced. Recovery of actual costs
incurred for relocation is intended for those state and political subdivision requests
that are determined by the commission to be beyond the normal course of business.

(b) The commission shall verify the actual costs that may be recovered,
determine the allocation of costs to various customers and services, and prescribe
the method of such recovery. In no event shall the period of recovery of the
relocation costs exceed three years.

(c) In determining the allocation of the costs to be recovered, the
commission shall consider the jurisdiction requiring the relocation and the
geographic area that most directly benefits from the required relocation to
determine the customers or services that will bear the costs.

Legislative History

Source: L. 2003: Entire section added, p. 2640, � 1, effective August 6.