HB305 Alabama 2010 Session

Under existing law, the Director of Transportation may order the relocation of any utility facility necessitated by the construction of any highway, road, or street. If the highway is not part of the national system of interstate and defense highways, the utility is required to pay the expense of the relocation unless the utility had a gross income of two hundred million dollars ($200,000,000) or less for the calendar year immediately preceding the relocation or in the case of a newly organized utility, if the utility had a gross income of two hundred million dollars ($200,000,000) or less in its first complete year of operation or in the calendar year immediately preceding relocation, in which case the cost of the relocation is paid by the state as a part of the construction of the project

This bill would provide that the cost of relocation of a utility facility due to construction of a highway, road, or street that is not a part of the national system of interstate and defense highways would be reimbursed if the utility had a gross income of two hundred fifty million dollars ($250,000,000) or less during the immediately preceding calendar year preceding relocation, or, in the case of a newly organized utility, if it had a gross income of two hundred fifty million dollars ($250,000,000) or less in its first complete year of operation or in the calendar year immediately preceding the relocation

To amend Section 23-1-5, Code of Alabama 1975, relating to the reimbursement to utilities of the costs of relocations of utility facilities pursuant to an order of the State Director of Transportation when the relocation of any utility facility is necessitated by the construction of any highway, road, or street, other than highways that are a part of the national system of interstate and defense highways; to further provide for the gross income of utilities eligible for reimbursement.