La. Admin. Code tit. 70 § II-305

Current through Register Vol. 50, No. 11, November 20, 2024

Section II-305 - Department Relocation of Publicly Owned or Non-Profit Utilities

A. This Section will apply to any and all qualifying utility relocations resulting from projects that receive federal or other required authorization after the effective date of this Section. The rules and regulations set forth in §301 and §303 of this Chapter will continue to apply to any and all qualifying relocations resulting from projects that have received federal or other required authorization prior to the effective date of this Section. This Section is effective as of the date of this publication as a final Rule in the Louisiana Register.

B. When a publicly owned or non-profit utility is not able to bear its share of the cost for adjusting its facilities to accommodate a highway project, the department may enter into a contract for the proposed utility relocation work, either as part of the highway project or through a separate public works contract, if all of the following conditions are met:

1. the utility installation is located on a state-owned right-of-way;

2. the utility installation is owned by a public municipality, parish, or special district created by or pursuant to law or a nonprofit water corporation or nonprofit gas district;

3. it is necessary to remove or relocate such installation for the construction, repair, widening, relocation, or improvement of a state or an interstate highway;

4. the utility is financially unable to bear its share of the adjustment expense, as determined pursuant to the provisions of R.S. 48:381(C)(2)(a) and this Section;

5. the owner of the utility installation agrees in writing, prior to the relocation of the utility installation, to allow the department, its contractor, or employees or agents thereof to modify the utility installation as part of the departments construction project; and

6. the owner of the utility installation agrees in writing, prior to the relocation of the utility installation, to accept ownership and maintenance of any utility installations newly constructed or modified as part of the departments construction project, upon final acceptance of such construction project by the department.

C. Procedure

1. The publicly owned or non-profit utility informs the appropriate district utility specialist, in writing, that it is requesting assistance pursuant to this Section.

2. The utility must provide the following information to the department to begin the certification process:

a. a copy of the utility owners most recently completed audit report, or evidence that an audit has been initiated if no audit has been performed;

b. a copy of the utility owners unaudited financial statements covering the period of the date of the last audited financial statements to the current date;

c. a copy of the utility owners budget, including any amendments, for the current fiscal year;

d. a listing of encumbrances that are payable from the utility owners current year earnings, meaning those items for which the utility owner has incurred an obligation to expend current year earnings, plus 10 percent of the current years revenue as a reserve; and

e. a signed representation letter prepared on the utility owners letterhead stating that:

i. the utility owner is familiar with the provisions of R.S. 48:381 and this Section;

ii. the utility owner certifies that the financial statements and other information provided are complete and accurate; and

iii. the utility owner certifies that the financial information is taken from verifiable records and the budget information is based on estimates derived from the financial statements.

3. The appropriate district utility specialist requests that DOTD headquarters personnel, as designated by the secretary, examines the utilitys records to determine the utilitys eligibility for assistance.

4. The appropriate DOTD headquarters personnel examine the utilitys records and inform the appropriate district utility specialist of the utilitys eligibility for assistance.

5. If the utility is eligible for assistance, agreements are executed between the owner of the utility and the department as necessary to comply with the terms of this Section and facilitate the utility relocation.

6. If federal aid is anticipated for the project, the Federal Highway Administration is advised that the utility is approved for assistance pursuant to this Section.

7. If the utility owner does not qualify for assistance pursuant to this section, the utility owner may request a second certification review. The department, at its sole discretion, will determine if a second certification review will be granted. The request for the second review should be addressed to the appropriate district utility specialist.

La. Admin. Code tit. 70, § II-305

Promulgated by the Department of Transportation and Development, Office of Management and Finance, LR 422195 (12/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:381(C).